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Results 1 to 8 of 8

Thread: Taxes and overstay

  1. #1
    Guest
    I appreciate those who experienced what I am going through. To make a long story short, this is my problem:

    I've overstayed my J1 but am now married to USC and already started filing to get my status adjusted. I'm still awaiting my 2yr residency waiver before I have to do the 485 filing.

    My question concerns filing my taxes. I've been out of status for several years now, and ever since I was out of status, I've worked "under the table". My lawyer says its imperative that I work with an accountant and file my taxes asap. My question is, what are my options on when to file and what are the possibilities considering there is no paper trail of me being employed? I've been with my employer pretty much after I fell out of status.

    Even though I am encouraged by my lawyer to file as soon as possible, I don't want to raise a red flag to the IRS when I file back taxes as I have yet to file my 485 paperwork (still waiting for my 2yr waiver). Would it be best to start filing just before i file 485?

    I'm scared if I file asap, the IRS will find out I've lived and worked without authorization and will get in trouble. On top of that, as there are no records with me and my employer, the IRS will get them in trouble too. I understand it is a risk my employers took too. Since its inevitable that I will have to file my back taxes, what is the best way to explain it to my employer? I thank you in advance of all of your suggestions.

  2. #2
    Guest
    I appreciate those who experienced what I am going through. To make a long story short, this is my problem:

    I've overstayed my J1 but am now married to USC and already started filing to get my status adjusted. I'm still awaiting my 2yr residency waiver before I have to do the 485 filing.

    My question concerns filing my taxes. I've been out of status for several years now, and ever since I was out of status, I've worked "under the table". My lawyer says its imperative that I work with an accountant and file my taxes asap. My question is, what are my options on when to file and what are the possibilities considering there is no paper trail of me being employed? I've been with my employer pretty much after I fell out of status.

    Even though I am encouraged by my lawyer to file as soon as possible, I don't want to raise a red flag to the IRS when I file back taxes as I have yet to file my 485 paperwork (still waiting for my 2yr waiver). Would it be best to start filing just before i file 485?

    I'm scared if I file asap, the IRS will find out I've lived and worked without authorization and will get in trouble. On top of that, as there are no records with me and my employer, the IRS will get them in trouble too. I understand it is a risk my employers took too. Since its inevitable that I will have to file my back taxes, what is the best way to explain it to my employer? I thank you in advance of all of your suggestions.

  3. #3
    Guest
    I believe your lawyer is right in referring you to an accountant tell your situation and maybe a separate form for those who just receive compensation in the form of tip or other things that the accountant can help.

  4. #4
    Guest
    INS and IRS are by law not allowed to exchange information.

  5. #5
    Guest
    Those that work "under the table" usually do not file taxes. However, given the fact that you need to file eventually for PR you may need to have taxes files. Use an ITIN - Individual TAxpayer Identification Number (even if you are in the U.S. illegally)

    Persons who are not eligible for SSNs may be able to obtain Individual Taxpayer Identification numbers (ITINs) from the Internal Revenue Service (IRS). Some states that require the SSN for driver's license issuance may be able to accept the ITIN instead.

    Please note that, as with SSNs, ITINs cannot be issued specifically for the purpose of a driver's license. In fact, the following reminder appears at the top of the application form: "This number is for tax purposes only." The form also mentions that persons who are eligible for the SSN should not apply for the ITIN. An example of a person who may need an ITIN would be an H-4 spouse. Since H-4s are not authorized to work, they would not ordinarily be eligible for the SSN, but may need the ITIN to file taxes jointly with the H1B spouse or to open a bank account.

    The ITIN application, IRS Form W-7, can be submitted either by mail or in person. The form is available from the IRS WebSite or from your local IRS office.

  6. #6
    Guest
    You have good reason to be worried. You bent the rules, took advantage of our system and now you are hoping that you can get away with everything.

    I hope they catch you and give you the boot.

  7. #7
    Guest
    **** *** *** ***
    HA HA HA

  8. #8
    Guest
    JINGLE BENGS
    (to the tune of 'Jingle Bells')

    Refrain:
    Jingle bengs, Jingle bengs
    Jingle all the way
    Oh what fun it is to squat
    And then shout, "Ni na beh!"
    (Eh!)
    Jingle bengs, Jingle bengs
    Jingle all the way
    Oh what fun it is to squat
    And then shout, "Ni na beh!"

    Hooting down the road
    And piah-ing down the street
    Later we'll chuay kway
    Then go out and eat
    Geylang is tok kong
    For down every lorong
    You're sure to find things all night long
    To make you si beh song
    (Eh!)

    Repeat refrain

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