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do i need to file back taxes?

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  • do i need to file back taxes?

    i just got my ead (dec.2003) based on an approved i-140 under 245-i, aos still on process (waiting time 180 - 360 days more)
    started working january 5, 2004 legally. while waiting for the ead, i worked as a day worker (cleaning houses, baby sitting, cooking) from time to time.
    now my question is, do i need to file taxes for the 3 - 5 yrs that i worked without legal papers (while i was waiting for the approval), do you think they will asked me about back taxes during my aos interview?, could you give me an idea on how much i have to pay, i'm so worried, i really wanted to do everything in a legal way, the opportunity that the united states has given me to adjust my status is great and humane. i wanted to do the right thing without jeopardizing the effort that i exerted and the money that i spent to be legal. please help me and guide me step by step on how to do this taxes if i need to file.

  • #2
    i just got my ead (dec.2003) based on an approved i-140 under 245-i, aos still on process (waiting time 180 - 360 days more)
    started working january 5, 2004 legally. while waiting for the ead, i worked as a day worker (cleaning houses, baby sitting, cooking) from time to time.
    now my question is, do i need to file taxes for the 3 - 5 yrs that i worked without legal papers (while i was waiting for the approval), do you think they will asked me about back taxes during my aos interview?, could you give me an idea on how much i have to pay, i'm so worried, i really wanted to do everything in a legal way, the opportunity that the united states has given me to adjust my status is great and humane. i wanted to do the right thing without jeopardizing the effort that i exerted and the money that i spent to be legal. please help me and guide me step by step on how to do this taxes if i need to file.

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    • #3
      ok so you want to file back taxes on income you made illegally because you want to do everything legal now... to me you are waving the red flag in front of the bull... i wouldnt sweat the income you earned illegally.. you are chancing screwing up what you have spent so much effort to accomplish. mind you i prefer everyone to do things the legal way, but going back to fix illegalities will only cause more issues in my opinion

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      • #4
        al-2003:

        The amount of under-the-counter proceeds you generated from this unauthorised work, might have bearing on whether or not you feel you should report it. I, personally, have no idea if there would be a way for USCIS to know that you accepted unauthorised work, however, below is an except from an Immigration article, suggesting the remedies available for aliens to receive an employment based visa, if they have been found removable, due to unauthorised work.

        Waivers of Removability for Unauthorized Work

        Section 245(k) allows aliens eligible to receive an employment-based visa to adjust status notwithstanding past violations, including unauthorized work. This section forgives violations such as acceptance of unauthorized employment, failure to maintain continuously a lawful status, failure to be in lawful nonimmigrant status when applying for permanent residence or violation of the terms of a nonimmigrant visa. There are two requirements for this provision to apply. First, the applicant must, on the date of filing an application for adjustment of status, be present in the United States pursuant to a lawful admission. Second, the applicant, subsequent to such lawful admission must not have, for an aggregate period exceeding 180 days, any of the following: a) a failure to maintain, continuously a lawful status; b) an engagement in unauthorized employment; or c) any other violations of the terms and conditions of the applicant's admission.

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        • #5
          Maybe it would be easier if you wrote down the laws that you actually OBEYED instead of listing all of the crimes you committed

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          • #6
            hmmmm


            I wonder how many alien that want to pay back taxes on money they received "under the table" re willing to pay the $5000 or 6000 that they would owe a year. (based on tax & SE tax since their employer didnt pay either)

            Thats per year times lets say 3 years .. is like 18K plus penalty and interest for those years (INS forgives.. IRS does not) Probably will be about 23k owed to government.

            So how many do I hear are willing to pay up now under 245I

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            • #7
              4now:

              We don't know how much this guy earned, and whether or not it could be reported on a Schedule C, and cost and expenses deducted then net income from this entity reported as adjusted income, but his personal income may be quite small after his personal deduction. Either way though, I realise that his gross revs from this "business" would be subject to 15.3% self employment tax, and penalties for late filing.

              Point of my post was that if he were to declare it, wouldn't he be found to have violated INS law, in taking unauthorised work?

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              • #8
                Swiss

                Dont know what this guy made> My scenario is based on average under the table income around 20 to 22k year. There are not many legitamate deductions concering this info. so most of it would be subject to se tax. so no personal income would not be that small. It has been my experience when they find out how much they have to pay... they dont want to file after all.

                I believe illegal working is forgiven under 245I.

                Point is this guy doesnt have to admit to this work if there is no record of it. making life simple.

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                • #9
                  4now,
                  it's well and good not to mention it. how about if he's asked? tell the truth? what are the consequences?
                  does 245i really forgive unauthorized work?

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                  • #10
                    4now,
                    Your assumption that those that adjusted under 245i, would not want to owe up to their responsibilities is wrong. I know MOST would not, but a few of us do. You are correct when saying one ends up owing like 22,000. I KNOW. We filed back taxes because when we go to buy a house, I don't want that comming back to haunt us. So better to take care of it now. Some of us know the REAL penalties if found not to have been paying taxes, and want to clear it up now instead of later.

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                    • #11
                      Reina dear

                      u said:
                      "Your assumption that those that adjusted under 245i, would not want to owe up to their responsibilities is wrong. I know MOST would not, but a few of us do."

                      I rearely ASSUME anything my dear. I stated that it had been MY EXPERIENCE, while I see u in fact are assuming that MOST do not as u have stated. Hmmm..Is this personal knowledge u have here on these numbers or official statistics of who doesnt file.

                      Even though the 245I forgive the illegal working, everyone know that the back taxes have to be filed & paid to qualify for the 245 I.
                      My point was when those that I have encountered find out how much the taxes were, they wanted to change their story about how much they made so they didnt have to pay the real amount or didnt want to declare income at all.(under the table income that could not be documented)

                      Personally I commend u and husband for being honest. especially when many may said foolish for declaring the true amount.

                      Now Im going to help u out here b/c Im in the mood. The large sum u owe the IRS... if u have not yet paid it... Check into "Offer- in- Compromise form 656. This may allow you to cut a deal with them to pay 1/2 or even 1/3 of what u owe them and be considered paid in full. Surely this will help you out of paying them all that u owe.

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                      • #12
                        when it comes to paying back taxes who determines how much money you've made from authorised work? do you just give IRS a figure and is there anyway of verifying the total amount earned?
                        thanks

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