AOS ITIN Question

[rcjr 0]

Hello, it's tax season and I'm in a bind at the moment. I'm a US born citizen and recently married my GF of 3 years in early December 2012. We are expecting in mid summer as well! We are going to apply for AOS as soon as we get enough money for the lawyer since I want to make sure everything goes smooth. Her Tourist Visa is out of status for a couple of years now and I don't know if we should apply for an ITIN and how I should file. She didn't immigrate with the intention to stay but we met and fell in love. Any suggestions? I'm pretty sure I need to file Married as that will be important for the AOS case.

Thank You

[Mariana2012 89]

She will need a tax id number. I doubt they care about her immigration status when you ask for one.

You will get a bigger refund for being married so it is worth doing it for money as well as for immigration purposes.

And they will ask you if you filed jointly at the interview

If I may say so , even though I filed through a lawyer, you really don't need to. Overstaying a tourist visa is an easy AOS case. You can do it yourselves with the tax return money

Edited March 25, 2013 by Mariana2012

[rcjr 0]

is she eligible for an itin? since she technically qualifies for AOS that is why im not sure

[atm 8]

Here is the information about obtaining an ITIN from the IRS website. There is also a phone number to call in case you have questions.

Good luck!

http://www.irs.gov/Individuals/General-ITIN-Information

One more thing: in order to file "married filing jointly" she will need an ITIN. Yes, even though she is a non-resident alien, she is eligible. You definitely need to file your 2012 taxes as either "married filing jointly" (MFJ) or "married filing separately". Generally MFJ will result in a lower tax bill for you.

Finally, you don't need a lawyer to file for AOS. We did it ourselves, following all the instructions very carefully in the guide on this website. (The only reason for a lawyer is a complicated immigration situation, which yours is not - given the information you have provided.)

Edited March 25, 2013 by atm

[coco2012 2]

She is eligible for ITIN number even if she is out of status, so I would get one. Plus it will look better at your interview if it shows you both filed jointly. In regards to applying for AOS, you had nothing to worry about if she is out of status, as Long is a legit marriage your wife will be okay Good luck in your journey... Me and my bunny went though it, and my advise is keep as much a documents possible in both of your names (bank accts, taxes, utilities, bills, insurance) plus your baby will be more than enough evidence.

[rcjr 0]

Thank you guys! My tax preparer said we need a matricula consular which we obtained about two weeks ago with the same address since we live together now and I believe he needs to send in a birth certificate as well. Should we use the newer more legible BC or the original older one for the ITIN? I guess I'm scared of it getting lost in the mail and not having it available for our AOS case.