As American Married Thai Wife - Passport Expired - Not Yet Green Card - How to do taxes?

L

Latitude

New Member
She originally arrived here on a J1 student visa with "Two rule does not apply."

We planned on getting married in another 2 years after her time with Au Pair
ended but it was such a horrible program, after her host families father tried
to have a "date" with her, she left the program and we married. Then her
passport and visa expired. Now we are applying for the Green Card but first
it requires that I do 3 years of taxes. The most recent year is of us married;
however, the I-7 for her EIN number (since she isn't eligible for a Social Security
number yet) requires that she has two forms of non expired documents...

All she has is a birth certificate which is considered "Always current", other
than that everything has expired... What can we do?


I was also told not to renew the passport until the greencard approval is
finished - is that correct?
 
Latitude said:
I was also told not to renew the passport until the greencard approval is finished - is that correct?
Click to expand...

Where did you hear that? If the Thai consulate takes a long time to renew the passport (so long that she won't get it back before the interview) it might be a good idea to delay the renewal until after the interview. And of course, copies of the I-94 and vital pages from the passport (name/picture/visa/arrival stamp) should be made before sending it to the consulate.

But apart from that I see no reason to delay it all the way until green card approval. If the Thai consulate requires proof of legal presence in the US, the I-485 receipt and/or employment authorization card should satisfy them of that aspect.

As far as ID is concerned, with the green card application she can get an employment card in 2-3 months, and then she can use that to get an SSN and driver's license or state ID.
 
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