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Thread: Tax/ ssn question

  1. #1
    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. #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?

  3. #3

  4. #4
    Guest
    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

  5. #5
    Guest

  6. #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-

  7. #7
    Guest
    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.

  8. #8
    Guest
    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."

  9. #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#.....

  10. #10
    Guest
    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.

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