Announcement

Collapse
No announcement yet.

Tax/ ssn question

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Tax/ ssn question

    My husband and I were married last October in the US. He had been here illegally for 5 years at that point. We have been working with a lawyer on an adjustment of status but due to some other issues it is taking much longer than anticipated. I filed an extension for last year for us as married filing joint and put applied for for his ssn. I am ready to file our return for last year, but am nervous that the lack of a ssn will cause questions. My husband worked for cash the entire time he was here, and we understand that we will need to file back tax returns, however I am reluctant to file those until he is assigned a temporary id #. Does anyone have any experience with anything like this?

  • #2
    My husband and I were married last October in the US. He had been here illegally for 5 years at that point. We have been working with a lawyer on an adjustment of status but due to some other issues it is taking much longer than anticipated. I filed an extension for last year for us as married filing joint and put applied for for his ssn. I am ready to file our return for last year, but am nervous that the lack of a ssn will cause questions. My husband worked for cash the entire time he was here, and we understand that we will need to file back tax returns, however I am reluctant to file those until he is assigned a temporary id #. Does anyone have any experience with anything like this?

    Comment


    • #3
      anyone...please?

      Comment


      • #4
        i did ours joint, hubby had no SS#, our refund letter was addressed to both of us.

        cash means he didn't receive any income

        Comment


        • #5

          Comment


          • #6
            thanks Josephine- I was nervous no ss# would cause questions..... it seems like everything I took for granted as being easy (as a USC) before is difficult now due to hubby's status-

            Comment


            • #7
              I also got married in October last year and we filed for an extension because I didn't (and still don't)a have a SS# yet(although I applied for one three weeks ago). The problem is, the extension for filing joint income tax is over August 15th and it's likely that I won't get my SS# by then. What should I do in this situation?
              If we file income tax jointly without a SS# for me, may it result in a delay to get my temporary residency approved?

              Thanks for your help.

              Comment


              • #8
                Josephine, cash is not "no earnings" it's only not paid taxes and deductions. If you want to file jointly with IRS you have to claim these earnings even if they're illegal earnings for immigration purposes. It's a catch 22 But IRS and BCIS are different departments and they have differing rules. Doing two wrongs, doesn't make the first wrong go away!

                first poster: if you want your spouse to eventually have a chance to remain here legally, you need to do it the proper way from the very beginning. The laws are tightening, rightly so, and in 10 yrs. from now there won't be anybody listining when someone cries, "but I didn't know."

                Comment


                • #9
                  Thanks Koelsch-
                  I have claimed his cash income for last year on our joint return as schedule c income. I'm more concerned about the previous years when he was here illegally and single....I know that we need to file returns for him for those years as part of his adjustment of status- I'm just wondering if I should wait until he has a temporary id # assigned. Otherwise I don't see how the IRS would track it. For the joint return for 2002 they at least have my ss#.....

                  Comment


                  • #10
                    Kiwi22,

                    First of all, you should know that filing a tax is Not a requirement for green card applicant, and INS will never ask whether he filed taxes or not at the time of green card, and nor they will deny his application for AOS solely on this issue.

                    If your husband were paid "under the table", I mean if there is no income was reported by employer then he should not mention about it on his return or on joint return. But, if there is any income was reported to IRS thru employer, then he can file tax return without having SS# or Tax #, but he needs to include a letter explaining to them that why he doesn't have SS# yet. IRS will issue a tax # right away, but they may charge him $50 penalty for filing the taxes without SS# or tax#.

                    You can always file taxes return individually or jointly even if other person doesn' have SS# or either of them has no income whatsoever. As far as immigration matter goes, it doesn't matter to them. But, it's a very big issue when it comes to naturalization, but they will check only those tax returns for the years after becoming a permanent resident. You should not ask for extention for filing the taxes just because he doesn't have SS#, because you will still be paying interest on the taxes you owe from April 15.

                    Comment


                    • #11
                      Thanks so much for your help (again) Sammy
                      I had been led to believe that INS would ask about prior returns.

                      Comment


                      • #12
                        I thought they checked prior returns, too. Do they? A couple I know is scheduled to have an interview for the husband's naturalization pretty soon. He had reported earnings under a phony ssn, and now he is claiming 9 dependents when in truth he only has three. Should they be worried? They've asked me about this, but I wasn't sure.

                        Comment


                        • #13
                          First of all, you should know that IRS and INS are two different agencies. And, it doesn't matter to IRS whether or not, you have an immigration status, or whatever visa you have, because they will come after you anyhow if you have EARNED "TAXABLE" INCOME in the U.S. They are only responsible to enforce tax laws regardless of anybody's immigration status, instead of immigration laws.

                          On the otherhand, INS is responsible for regulating immigration laws only. And, immigration laws state very clearly that an applicant for Naturalization must have good moral character and should not be in violation of any laws and regulations of any Federal, State and City. So, if someone don't pay taxes that supposed to be [based on income], then s/he can not establish a good moral character, especially when that person is in the clear violation of Federal [IRS], State and city laws, by not paying taxes which supposed to be. However, if someone is on installment payment plans with IRS on their overdue taxes, then they must need to bring all the correspondences they have with IRS on those taxes at their naturalization interview. But, it's always advisable to pay their due-taxes in full before attending naturalization interview, otherwise their application for naturalization would delay for further clarrifaction and investigation.

                          You should also know that INS checks and demands to see taxes for the periord of after becoming p. resident only.

                          Comment


                          • #14
                            As well, it doesn't matter to INS if somebody is claiming 9 or more dependents on their returns, but it would all come out if any of those dependents is illegal at the time of naturalization, because if any of the dependent is illegal and is being claimed under dependent, then INS will deny naturalization application of that person because of tax fraud [lack of moral character and vioof and then IRS will prosecute the person for perjury and evading tax laws, because dependent must have to be legal resident of U.S., and should have valid SS#, and must be a household member during the whole tax year [exceptions apply only in few circumstances]. But, it would most definately raise the eyebrow of IRS and they will verify all the information on those returns very seriously, if someone is claiming that many dependents, because it seems very "fishy" to anyone, even though it is true.

                            Comment


                            • #15
                              I'm experiencing some problem in my computer, that's why I could not be able to complete my answer in one post.

                              As long as IRS won't find out that SS# is fake, then INS has no way to find it out yet, but INS is on its way to implement a sytem to verify every one's SS# on line, so may be, INS might be able to detect that fake SS# by the time, yr friend's husband goes to his interview on naturalization application. I have seen a case of a lady, wherein INS has denied her case because she claimed on naturalzation application that she is divorced, but she had been filing taxes under married status to get the advantage of tax rate. She thought INS would never find out this deception, but people don't know that- at the time of naturalization, INS checks and verify all the information, even they reopen the green card file again for sure, with very high scrutiny. INS always demands the proof of termination of all prior marriages, regardless of what kind of application is being filed. I would always advise -to be extra careful when dealing with INS.

                              Comment



                              Working...
                              X