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Results 1 to 4 of 4

Thread: i have a ? i need help

  1. #1
    hey eveyone.This is my questions i have been dating a girl for over a year then we got married like 4 months ago.But the problem is she is illegal.I believe her passport is expired now for a long time now.I no she attended school for a awhile it was regular public cool i think it was from 7 grade to 11th.but mayb half of that she was illegal.Dont no if that will mean anything.My questions is we got married like 4 months ago and now we are going to start taking care of things.but i dont no what to do to make this go smoothly or were to go or what steps to take..im a born citizen so people tell me it will be not as hard.also since it is tax season i dotn no what to do about that also.How do i claim her or can i?and how long is the prosses for her to get her pappers and what do i exspect to get first for her so please if any1 can help i let me no what it is i got to do i would greatly appreciate any information

  2. #2
    hey eveyone.This is my questions i have been dating a girl for over a year then we got married like 4 months ago.But the problem is she is illegal.I believe her passport is expired now for a long time now.I no she attended school for a awhile it was regular public cool i think it was from 7 grade to 11th.but mayb half of that she was illegal.Dont no if that will mean anything.My questions is we got married like 4 months ago and now we are going to start taking care of things.but i dont no what to do to make this go smoothly or were to go or what steps to take..im a born citizen so people tell me it will be not as hard.also since it is tax season i dotn no what to do about that also.How do i claim her or can i?and how long is the prosses for her to get her pappers and what do i exspect to get first for her so please if any1 can help i let me no what it is i got to do i would greatly appreciate any information

  3. #3
    As to taxes, she is still your spouse, so you can file married filing jointly or separately. As to her immigration status, it is important for us on the board to find out whether she entered the U.S. illegally or she overstayed her visa. If she entered illegally, it's going to be very difficult to do much for her.

  4. #4
    Jose797,

    I'll let the experts here comment on how to go about getting her legal. As to filing federal tax, I assume that she has a SS#? (otherwise you'll need to get her a TIN# quick). Go to www.irs.gov and get the (IRS Publication 519: US Tax Guide for Aliens) for reference on the correct way to file your tax. I do not think that she can simply file 1040 herself because she is illegal until you file the immigration paperwork, and she does not qualify for the Substantial Presence Test provision since she is still illegal (you don't want to mess with the IRS!). However, under the section titled (Nonresident spouse treated as a resident):

    "If, at the end of your tax year, you are married and one spouse is a US citizen or a resident alien and the other spouse is a nonresident alien, you can choose to treat the nonresident spouse as a US resident"

    for tax purpose ONLY. This can be accomplished by making a simple declaration as described in the publication. Accordingly, you can file 1040 joint return. Don't know if she can do 1040 married filed separately since this section doesn't seem to cover that.
    Be truthful about her income, though, because this is going to be in her paper trail for years to come. Plus, the joint return will be a solid piece of document to support her legalization based on her marriage to a USC. Be aware that even though IRS is currently not supposed to share information with USCIS, who knows when the law may be changed under the current security climate. So file your paperwork and get her legal ASAP. Good luck

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