WORKED WITH INVALID SSN

[J.J.]

Hi there,

I need some advice please,

Here is my case:

1996 entered US with Business visa (overstayed)
Same year married LPR (had been living with her for 10 years and have son together before filing). My son is LPR also.
Got I-130 approved same year.
Since then, worked with false SSN until 2001 when I got “V” status and work permit approved till 2004.
Priority date is current.
My wife applied for Citizenship, got approved and is now waiting for Oath Ceremony.
Following lawyer’s advice we are not filling I-485 yet until she swears in.
During 2000 I got Individual tax ID number from IRS. Never filed income taxes. Last week got letter from IRS asking me to file income for 2000 because my employer has reported earnings. Letter is showing my Tax ID number. W2 shows false SSN. False SSN has my real name on it.

Now, I do have a valid SSN.

I would like to file taxes now, so here are my questions:

1) What are the implications with IRS and INS (I-485 and final interview) of filing income taxes with W2 showing false SSN. Would IRS notify INS ?
2) Which would be the best way to file with my ITIN or my new SSN.
3) Is it better to amend our taxes for the last years (my wife has been filing as head of household)
4) Do I need to disclose on I-485 the fact the I have been working illegaly ?
5) How many years of taxes filed I would be asked to show during the AOS interview.
6) What is the purpose of showing my taxes in the AOS interview ?
7) Do I need to send in my W2 form when filing or can I manually amend it? I am allowed to file without a W2 ?
8) In general, what would be the best way to handle this situation without affecting my AOS.

Thank all for you help.
Jay.-

 

[whiz-kid]

Your immigration lawyer can suggest best course of action

> 1) What are the implications with IRS and INS (I-485 and final interview) of filing income taxes with W2 showing false SSN. Would IRS notify INS ?

Working with false SSN is illegal. There are instances of cooperation between IRS and INS, can it happen for your case, hard to predict.

> 2) Which would be the best way to file with my ITIN or my new SSN.

Both are legal and valid so you can go with the number on the IRS notice.

> 3) Is it better to amend our taxes for the last years (my wife has been filing as head of household)

Last tax returns year was 2001, if you had income for this period yes file an ammended return ASAP.

> 4) Do I need to disclose on I-485 the fact the I have been working illegaly ?

Ask your lawyer.

> 5) How many years of taxes filed I would be asked to show during the AOS interview.

In most cases it is 3 prior years.

> 6) What is the purpose of showing my taxes in the AOS interview ?

Not all AOS ask for copies of tax returns, this can vary depending on data filled in the I-485 application.

> 7) Do I need to send in my W2 form when filing or can I manually amend it? I am allowed to file without a W2 ?

You might need payroll/accounting dept help where you worked to give a statement or new or ammeded W2.

> 8) In general, what would be the best way to handle this situation without affecting my AOS.

With V status work permit you have till 2004 to sort out the IRS tangle and then deal with INS. That is till the money eating monster is satisfied first dont think of INS. Alternatively you can have INS processing going parallel, you and your lawyer are the best people to decide on all matters.

 

[J.J.]

Your immigration lawyer can suggest best course of action

Thanks you very much for your advice. Has helped a lot.

JJ