If I marry an undocumented mexican who has entered illegally..is it advisable to file the I-130 and wait for (hopefully) 245I to be reinstated? Couldn't this lead to his deportation by informing the gov't where he is? (esp.if he continues to work) How would I pay my taxes when I am married to someone who can't file taxes(although they are taken from his paycheck)......I am especially concerned about what effect this would have on my ability to get gov't student loans, as I am currently in medical school and we have a 6mo. son.
You can marry now but do not file I-130 yet. When 245(i) will be extended then you can file I-130. As for Student Loan is concerned then you should wait for marriage till your student loan is approved. While paying taxes, you can then file Joint Tax Return. Good luck.
Umesh is right. First off, you should not marry until a student loan is approved for you.
Second, who has told you that your boyfriend [or fiancee] is not allowed to file taxes? It is true that he is not allowed to work without INS permission but if someone has worked without INS permission and is the immediate relative [spouse in yr case] of USC then this violation of immigration law is automatically forgiven under immigration law without being asked any question on this issue.
In addition, regardless of his immigration status, he is allowed and must need to file taxes if he is REQUIRED to file taxes under IRS laws [means- if he has some kind of income whereupon taxes are required to pay], otherwise not only he would get monetary penalties including high interests, but also IRS would come after him regardless of his immigration status and he will be prosecuted for not filing the taxes. If he has SS# then he can use it for filing taxes, otherwise he needs to apply for tax identification # from IRS. I don't think that he will able to get tax identification # because he came here without inspection, while IRS requires the photocopies of foreing passport including the page wherein an US visa is stamped [it doesn't matter if visa is expired long time ago]. But, he can file the taxes without any number and write to them that he doesn't have SS# or Tax identification # yet, then IRS may issue a tax identification # to him with $50 penalty.
Third, as of now, you can not file tax returns jointly because you are not married yet, but once you get married you should file taxes jointly. People should always pay enough attention and be extra careful in respect to tax issue or tax return, because INS looks this issue very carefully at the time approving any kind of immigration benefit to an individual.
Fourth, you should get married now but don't file I-130 application or any application with INS until sec. 245(i) is reinstated, otherwise INS would know his whereabouts and then they will definately deport him because he is not allowed to adjust his status over here since he came here without inspection. If he would have come here legally [with inspection] then he is allowed to adjust his status over here despite of being falling 'out of status' because being an immediate relative of a USC [marrying with a USC-you], 'out of status' is forgiven automatically under immigration law.
In addition, if you marry now, it would be very beneficial to him at the time of his interview on green card application because if your marriage would be 2 yrs or more at that time, then he would receive permanent residency instead of temparory one, so the date of marriage is very important in respect to status of green card. Best of all.
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