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Please HELP! About taxes while AOS

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  • Please HELP! About taxes while AOS

    Hi guys, I hope someone can help my friend.

    She is out of status and got married in august to a citizen. She is filing for AOS, she has been working illegally while out of status but has never filed any tax because she was worry she would get deported if irs reports her.

    When she filed for AOS, her lawyer told her do not lie and put down the company that she is working for.

    My question is, since she is working illgally, should her file her income when her husband file their taxes? if she doesn't file it, will the USCIS question abt the taxes during the interview? If she does, will she get in trouble from irs or uscis and also get her company in trouble???

    Anyone has related experience? How do you guys file the tax if married to an out of status spouse?

  • #2
    Originally posted by laaaabiii View Post
    Hi guys, I hope someone can help my friend.

    She is out of status and got married in august to a citizen. She is filing for AOS, she has been working illegally while out of status but has never filed any tax because she was worry she would get deported if irs reports her.

    When she filed for AOS, her lawyer told her do not lie and put down the company that she is working for.

    My question is, since she is working illgally, should her file her income when her husband file their taxes? if she doesn't file it, will the USCIS question abt the taxes during the interview? If she does, will she get in trouble from irs or uscis and also get her company in trouble???

    Anyone has related experience? How do you guys file the tax if married to an out of status spouse?
    issues with AOS regarding illegal work are void if you have married a USC
    This is strictly an opinion and should not be misconstrued as legal advice. The use of this information is strictly at your own risk.

    -Krypton9591

    Comment


    • #3
      Originally posted by krypton9591 View Post
      issues with AOS regarding illegal work are void if you have married a USC
      So should her file her tax this year with her husband even tho her AOS is still in process?

      Comment


      • #4
        Originally posted by laaaabiii View Post
        So should her file her tax this year with her husband even tho her AOS is still in process?
        Good questions and concerns! Attorney is correct DON’T EVER LIE ON AOS APPLICATION. Please list all employees past and current. USCIS is more concerned with your honesty so as they ask please respond with the truth.
        Her husband cannot jointly file with her claiming and income she “does not have”. Don’t allow your friend to put her foot in her mouth by claiming and income with IRS that technically does not exist.

        IRS and USCIS are both government agencies but remember they investigate where there is a need to.

        - - - Updated - - -

        Originally posted by laaaabiii View Post
        So should her file her tax this year with her husband even tho her AOS is still in process?
        What do you mean file her tax ? WHAT TAX ? She was working illegally, right ?
        C9 Spouse of USC
        NYC Filer
        04/13/18 - PD
        05/04/18 - Bio notice
        05/23/18 - Bio completed
        09/18/18 - RFIE mailed
        09/22/18 - RFIE Rcv'd
        10/09/18 - Responded to RFIE
        10/10/18 - USCIS Received RFIE
        10/12/18 - Text & email Update from dhs rcv'd response to RFIE
        10/12/18 - Submitted a SR form I-765
        10/25/18 - Case is ready to be scheduled for an interview
        11/14/18 - Submitted 2nd SR for form I-765
        11/26/18 - NOA for I765
        11/30/18 - Rcv'd SS card
        12/06/18 - Rcv'd EAD

        Comment


        • #5
          Originally posted by WaitedLongEnough View Post
          Good questions and concerns! Attorney is correct DON’T EVER LIE ON AOS APPLICATION. Please list all employees past and current. USCIS is more concerned with your honesty so as they ask please respond with the truth.
          Her husband cannot jointly file with her claiming and income she “does not have”. Don’t allow your friend to put her foot in her mouth by claiming and income with IRS that technically does not exist.

          IRS and USCIS are both government agencies but remember they investigate where there is a need to.

          - - - Updated - - -



          What do you mean file her tax ? WHAT TAX ? She was working illegally, right ?
          Yes, she is working illegally. She is very worry that since the lawyer put down her employee in the application, the USCIS will question abt why she never file tax and even after they are married

          Comment


          • #6
            Originally posted by laaaabiii View Post
            Yes, she is working illegally. She is very worry that since the lawyer put down her employee in the application, the USCIS will question abt why she never file tax and even after they are married
            There is nothing to worry about. I worked, I had an ITIN. I told USICIS that I worked and list my company. She will be fine
            C9 Spouse of USC
            NYC Filer
            04/13/18 - PD
            05/04/18 - Bio notice
            05/23/18 - Bio completed
            09/18/18 - RFIE mailed
            09/22/18 - RFIE Rcv'd
            10/09/18 - Responded to RFIE
            10/10/18 - USCIS Received RFIE
            10/12/18 - Text & email Update from dhs rcv'd response to RFIE
            10/12/18 - Submitted a SR form I-765
            10/25/18 - Case is ready to be scheduled for an interview
            11/14/18 - Submitted 2nd SR for form I-765
            11/26/18 - NOA for I765
            11/30/18 - Rcv'd SS card
            12/06/18 - Rcv'd EAD

            Comment


            • #7
              Originally posted by WaitedLongEnough View Post
              There is nothing to worry about. I worked, I had an ITIN. I told USICIS that I worked and list my company. She will be fine
              So did u file tax for it?

              Comment


              • #8
                Originally posted by laaaabiii View Post
                So did u file tax for it?
                You are looking for an answer that’s not there. Stop trying to work your mind over , nothing will happens unless you were caught doing bad things and bringing in bad things.
                C9 Spouse of USC
                NYC Filer
                04/13/18 - PD
                05/04/18 - Bio notice
                05/23/18 - Bio completed
                09/18/18 - RFIE mailed
                09/22/18 - RFIE Rcv'd
                10/09/18 - Responded to RFIE
                10/10/18 - USCIS Received RFIE
                10/12/18 - Text & email Update from dhs rcv'd response to RFIE
                10/12/18 - Submitted a SR form I-765
                10/25/18 - Case is ready to be scheduled for an interview
                11/14/18 - Submitted 2nd SR for form I-765
                11/26/18 - NOA for I765
                11/30/18 - Rcv'd SS card
                12/06/18 - Rcv'd EAD

                Comment

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