Need some advice please!

D

dood

Registered Users (C)
Here’s the scenario. I am currently awaiting my Oath letter for citizenship which will be hopefully sometime soon. I was married in 2000 and have done all my taxes for the past years but I filed single without knowing about getting an ITIN for my wife and have her on my tax forms. She has overstayed close to 3 years now and I am getting concerned about the importance of having her on my taxes as I know when it comes time for me to file for her and for interview something could be a problem. She does not work and is a housewife and we recently had a child.
My questions is how important is it to have her on my taxes if I were to apply for her for a GC? Do I go back 3 years and make the corrections on my taxes to include her on there?
 
Some thoughts about you’re your dilemma

Here is a thing – IRS and INS (USCIS) are independent from each other agencies, so even though your wife was illegally here all those years, for the tax purposes she was a “resident” and you should had include her on your tax returns, as your dependant. Especially is she has a SS number.

Now, when you file the paperwork for her I-485, it won’t really matter whatever or not she paid taxes, since she was out of status and haven’t work. You can easily explain it to the immigration.
Most of the time filing join taxes is important because it is another proof of bona fide marriage. But I don’t think you have to worry about that. You two have been married for almost 5 years now and have a child, and, let me guess – came from a same country? I don’t think you’ll have a hard time during her adjustment interview.

Going back and redoing your past taxes might be a good idea – it could give you some extra money (refund). But you can do it only if she has a SS number already.

It’s another couple of years till your wife will be seen by INS. You can start doing your taxes together this year and then next one. It just as good. But if you want to redo your past ones – now is the best time to do it, during the tax season.
 
Jane Green said:
Here is a thing – IRS and INS (USCIS) are independent from each other agencies, so even though your wife was illegally here all those years, for the tax purposes she was a “resident” and you should had include her on your tax returns, as your dependant. Especially is she has a SS number.

Now, when you file the paperwork for her I-485, it won’t really matter whatever or not she paid taxes, since she was out of status and haven’t work. You can easily explain it to the immigration.
Most of the time filing join taxes is important because it is another proof of bona fide marriage. But I don’t think you have to worry about that. You two have been married for almost 5 years now and have a child, and, let me guess – came from a same country? I don’t think you’ll have a hard time during her adjustment interview.

Going back and redoing your past taxes might be a good idea – it could give you some extra money (refund). But you can do it only if she has a SS number already.

It’s another couple of years till your wife will be seen by INS. You can start doing your taxes together this year and then next one. It just as good. But if you want to redo your past ones – now is the best time to do it, during the tax season.
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Thank you for the response Jane. I really appreciate it. I will be doing just that and filing for an ITIN for the tax stuff and start the process. I am still debating whether I should go back and make corrections or not but not really sure but I definitely want to start from now as you said and it is likely to take another 2 years to even get an interview so by then I should have about 3 years showing taxes jointly.
Thanks again,
 
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