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INS & IRS, filing taxes with ITIN?

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  • INS & IRS, filing taxes with ITIN?

    I have a problem with my taxation and adjustment of status. I lived here in the USA for 3 years and worked illegally. Now I got married to a USC and filed for AOS.... I put all my jobs in the INS forms, all went under the table, except one job where I used an invalid SSN. I have never filed my taxes. I made about 20,000 each year. Should I file my taxes now with an ITIN(if I can get one) now or should I wait a couple of months and do it with my real SSN? What's the smoothes way for IRS and INS? I thought of asking SSA to credit my SSN with my previous job. I should probably get some income tax paid back. Or do I have to file my taxes at all?
    Thank you..

  • #2
    You should pay taxes like everyone else.
    Nobody likes paying taxes, u think anyone does?


    • #3
      I have never said I don't want to pay taxes. Most of the money I get were after tax deductions, so when I file I will probably end up with a nice return. That's not the problem. If they just let me work and take care of my family I don't even want that return. Thanks for your advice.


      • #4
        married worker, when you put in the AOS application all the jobs you had done under the table, were you a little bit concerned whether Immigration will ask you whether you have paid taxes on the money you got under the table -- strange as it may seem you had to report it as well although no paper trail did not exist.


        • #5
          ...although no paper trail did exist...


          • #6
            there exists a paper trail for one of my jobs where I used an invalid SSN. I put the little jobs there too, since it doesn't hurt to pay some taxes on it and I can cover my bases. I hope I can get a SSN without a problem and pay the taxes right away. When I go to the interview, all my jobs are included and taxes paid. They might find out that big part of my taxes were withdrawn under a different SSN as well as they might overlook it too. Everything should be fixed with SSA and IRS by that time, so I think I should be fine since married to a USC... Anybody with any experience with IRS and INS?


            • #7
              If you want to file taxes (I wouldn't!) do it via an ITIN (Individual Taxpayer Identification Number) Do NOT file taxes using a fake SSN! Never! Do not tell the Immigration you've ever used a fake SSN! Ever!


              • #8
                I'm somewhat going through what you're going through, with the exception that I didn't use an invalid SSN, I have my own SSN.

                Basically what you need to do is you must file all the years you haven't filed your taxes. Its a good idea on the premise that upon interview with INS, its good to tell/show them you pay your taxes.

                The only major problem you will have to resolve is the invalid SSN you used to get your job. The accountant that helped me with my tax problem told me he had a client who was in your situation of using a fake/invalid SSN. To my understanding, it was a serious problem that just didn't need only the expertise of an accountant, but also an immigration lawyer.

                Keep in mind that whomever looks at your past employment history and realize you have a different SSN, that won't look good at all.

                All in all, I heard the person did resolve the mess he got himself into, but the experience was rather complicated and needed competent counsel. Good luck.


                • #9
                  thanks for your replies guys. I am unemployed now and waiting for EAD. My ex-employer wants me to work for them again. I hope that after I get my own SSN my company can send correctional W-2's for last 2 years to IRS. They might change the number and credited me with the work I have done. It could work. INS might not even notice the withdrawn taxes on my income taxes papers 2 years ago... If anybody knows an accountant or somebody who had to go through something similar let me know. Any skilled accountant's e-mail address would be helpful.


                  • #10
                    The issue here is you've misrepresented yourself by falsifying/using invalid SSN on your employment. This is already an offense that needs to be corrected. I'm not sure how meticulous the IRS/INS will be when looking at whatever forms they look at, and if the name and SSN must match, there could be problems.

                    An accountant may be able to help rectify this situation, but remember this is also an immigration situation. Thus, it would be a safe bet to consult an immigration attorney and see what they advise, especially if you have immigration problems.

                    You might want to look into a tax preparing service, like H&R Block or something like that. They are usually cheaper and may be able to guide you what can be done. Good luck.


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