IRS ITIN for an overstayer

[blue_angel_29 108]

Hello all

I am hopefully a future citizen. I am going to be interviewed this month. My fiance is an Overstayer, legally entered with work visa, stayed 8 years. He has always worked with a fake SS number.

I know, I know, I always thought that this was common since almost everybody I know is illegally here or overstayed their visa.

Anyways,

He has never filed for his taxes since he didn't know that he could ( being an overstayer). Now, we are planning of getting married because he's my other half. I love him so much and I would do anything for him.

We want to set everything right.

I know i have to marry him and file AoS but how does he get his ITIN? I think to file for AoS, he needs to have filed taxes, since he never filed, Is there anyway I could do this or do we have to actually go to an accountant? Is getting an ITIN something that should be done by professionals or can we do it by ourselves?

I hope to get answers not criticisms.

Thanks!!

[Darnell 8,478]

ITIN easily obtained when filing taxes, include IRS form W-9 (or is it W-7?) ya - W-7 when filing a tax return.

[blue_angel_29 108]

ITIN easily obtained when filing taxes, include IRS form W-9 (or is it W-7?) ya - W-7 when filing a tax return.

i just file w-7?

from 2009, so, is that going to be one form each year? He never filed ever since he came here..

[Darnell 8,478]

no, note i wrote when filing taxes

so, on any ONE tax return, if you are filing married filing jointly tax filing status,

file the w-7 with the tax return .

if you are back-filing two or more years together, use only 1 w-7. there are ID requirements for the w-7, be certain you use his actual ID.

[Ontarkie 13,904]

~~Moved to Tax & Finances, from Off Topic~~

[Darnell 8,478]

sorry, i mis-spoke about the tax-filing status, you two are not married yet, cannot use 'married filing jointly' status on the tax form at all.

[Umka36 781]

Hello all

I am hopefully a future citizen. I am going to be interviewed this month. My fiance is an Overstayer, legally entered with work visa, stayed 8 years. He has always worked with a fake SS number.

I know, I know, I always thought that this was common since almost everybody I know is illegally here or overstayed their visa.

Anyways,

He has never filed for his taxes since he didn't know that he could ( being an overstayer). Now, we are planning of getting married because he's my other half. I love him so much and I would do anything for him.

We want to set everything right.

I know i have to marry him and file AoS but how does he get his ITIN? I think to file for AoS, he needs to have filed taxes, since he never filed, Is there anyway I could do this or do we have to actually go to an accountant? Is getting an ITIN something that should be done by professionals or can we do it by ourselves?

I hope to get answers not criticisms.

Thanks!!

I'm curious on what others thought are on the "fake" SSN being used. The SSN may have belonged to someone, which may or may not bring up other issues.

[Nich-Nick 3,353]

I know i have to marry him and file AoS but how does he get his ITIN? I think to file for AoS, he needs to have filed taxes, since he never filed,

Thanks!!

There is no AOS requirement that he filed taxes. You the soon to be US citizen are required to sponsor him with an I-864 affidavit of support that you will fill out. Part of that form requirement is that YOU filed taxes. The latest return (2014) is submitted and your total income from 2012, 2013, 2014 tax returns are reported on the form.

[Darnell 8,478]

ya, the I-130 petition is for the uscitizen,

the I-485 is for the foreign spouse,

and the I-864 is for the uscitizen.

if'n you mix up this stuff, well, I can understand the confusion. Sorry.