Is it wise to apply for ITIN & lodge her tax returns before submitting AOS for wife?

C

CluelessInUSA

New Member
Dear everyone,


I have searched for an answer for this question on the internet without
success.


My new wife has been in the US overstaying her tourist status for
nearly 5 years.
She is from a country that did not require visa for entry and could
stay legally for only 6 months.


She has been working in the US without ITIN (Individual Taxpayer
Identification Number) or SSN for the past 4 years . But she has
copies of W2 from the past 4 years. And she never filed any tax return.


Now that we are thinking of applying for AOS (adjustment of status) for
her, should she try to get a ITIN number and submit tax return for the
past 4 years well BEFORE we file AOS ?


Would having ITIN and filed tax returns a big help in AOS applicaton
process?


Please enlighten.


Thank you very much.


Clueless
Reply With Quote
 
CluelessInUSA said:
She has been working in the US without ITIN (Individual Taxpayer
Identification Number) or SSN for the past 4 years . But she has
copies of W2 from the past 4 years. And she never filed any tax return.
Click to expand...

Did she have a work authorization? If she came here on a tourist visa, I don't think she was allowed to work.
And if she did not have a work permit, obviously her W2s won't help.
I'm really not sure, but I think she would have to pay a fine when you apply for AOS.
 
As far as I know, you will have to file the supplementary form I-485 A in addition to her I-485. That form comes with a fee of $1000 Dollars.
Read here:
http://uscis.gov/graphics/formsfee/forms/i-485supa.htm

Are you a US Citizen? If yes, you don't have to worry about her overstaying, because that is pardoned if she is married to a USC.

Hope this helps. Good luck!

P.S. Actually, I was just reading through the instructions of form I-485A:
http://uscis.gov/graphics/formsfee/forms/files/i-485supa.pdf
And it reads:
Section 245(i) of the Act allows certain aliens to file for adjustment of status upon payment of a penalty fee of $1,000, even though
some of the conditions required by section 245(a) and (c) of the Act are not met. Aliens in the United States who have an
immigrant visa immediately available, but who entered the United States without inspection, remained in the United States
past the period of admission, worked unlawfully, or are otherwise ineligible for adjustment of status under section 245(c) of
the Act must submit this form along with Form I-485, Application to Register Permanent Residence or Adjust Status.
NOTE: If you are applying to adjust as the spouse or unmarried minor child of a U.S. citizen or the parent of a U.S. citizen child at
least 21 years of age, and if you were inspected and lawfully admitted to the United States other than in C-1 or S nonimmigrant status,
you do not need to file this form.

So now I'm not sure anymore. Maybe someone else can help?? :)
 
Last edited by a moderator:
It does not matter if the person even work without authorization that is forgiven if that person was an immediate relative of a USC.

First, clarify if you are a US citizen or a LPR?
 
So then forget about Patty's post. Sorry Patty but that does not apply to his case at all.

I don't know really how you file taxes if you work illegaly and you don't have a SSN but you get W2's base in WHAT ssn? That is my misunderstanding on the entire illegaly underground process in this country. See, for IRS and USCIS the status of the person are two different things (which should not). IRS wants the money they don't care if you are illegaly or legally here (which is wrong).

I really don't know the legal issues here if she did not file taxes for all these years, because for IRS she was a resident even for USCIS she was not.
Now, how YOU file taxes last year...as married file separately? or you just got married during last year?

But back to the AOS process since that is what this forum is about, I am not an expert on taxes, probably others that had been in the same situation of your wife can give you a better explanation of what to do about her taxes.

Now, independently of she or not work illegaly with or without authorization she can file her AOS, since she is an immediate relative of a USC in this case your spouse and all those stuff are forgiven (but the part of the taxes is something different for the IRS). So anyway, what you need is to have YOURS past tax return so you guys can file the entire AOS packet along with the I-130 Petition for an Alien Relative.

To file for AOS is independently of your IRS issues. Are two different agencies and procedures.

Good luck,
 
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