vwp overstay aos by marriage file taxes before aos or after aos

[sky459 6]

Hi everyone

I am confused about filing aos by marriage. I entered on a vwp, got married before expiration of the vwp. We want to file for aos but we are not sure how to start. Here is some info..

Entered with vwp, got married in 2012. never had the money to file back then.

Now we need to file taxes ( my husband didn't file taxes for several years :-/ ).

1. our CPA wants to file 2014 taxes since its due by April 15

2. when tax season is over( after April 15 ) she wants to to the rest of tax years

3. I have a ssn from my first marriage to a us citizen, but unknowingly abandoned my green card 15 years ago :-/

4. we need the taxes sorted out because of my husbands child support, ( his license is suspended because of child support )

my questions are :

• would we get problems when filing married jointly ? hence I already have a ssn and ssa can see that I haven't been in usa for 15 years. And will they know or find out that we haven't filed for aos yet.

• When filing taxes do we need to put the name on my sscard on the taxes or my now married name ?( cant change my name until we file for my aos )

• would it be better to send off for my aos before we file taxes or wait until after we filed for taxes ?

• Will we need to file for 2012 tax year first, since we got married in 2012 ?

I am sorry for all the questions and I am sure there will be more. I am confused and I am sure some of you will get confused too. I am just afraid that if we file taxes before we send off for my aos, we can get in trouble.. if anybody has any ideas or similar situation, please let me know. I am rackon my brain, wether to file taxes first . My instinct tells me to file for aos first since I am a vwp overstay but I dont know...i am panicking please someone help. Any help would be appreciated

[Boiler 43,543]

You need to file taxes so you can file to adjust.

Taxes and Immigration are separate with the exception that you should be filing married filing jointly.

[chewy2012 2]

Is your ss number still valid? If it's not you will have to get an ITIN to file jointly with your spouse.

[Merrytooth 5,748]

ss number is for life.

[chewy2012 2]

ss number is for life.

I wasn't sure if it was different with a GC holder.

Thanks

[aaron2020 11,651]

Hi everyone

I am confused about filing aos by marriage. I entered on a vwp, got married before expiration of the vwp. We want to file for aos but we are not sure how to start. Here is some info..

Entered with vwp, got married in 2012. never had the money to file back then.

Now we need to file taxes ( my husband didn't file taxes for several years :-/ ).

• our CPA wants to file 2014 taxes since its due by April 15

• when tax season is over( after April 15 ) she wants to to the rest of tax years

• I have a ssn from my first marriage to a us citizen, but unknowingly abandoned my green card 15 years ago :-/

• we need the taxes sorted out because of my husbands child support, ( his license is suspended because of child support )

my questions are :

• would we get problems when filing married jointly ? hence I already have a ssn and ssa can see that I haven't been in usa for 15 years. And will they know or find out that we haven't filed for aos yet.

• When filing taxes do we need to put the name on my sscard on the taxes or my now married name ?( cant change my name until we file for my aos )

• would it be better to send off for my aos before we file taxes or wait until after we filed for taxes ?

• Will we need to file for 2012 tax year first, since we got married in 2012 ?

I am sorry for all the questions and I am sure there will be more. I am confused and I am sure some of you will get confused too. I am just afraid that if we file taxes before we send off for my aos, we can get in trouble.. if anybody has any ideas or similar situation, please let me know. I am rackon my brain, wether to file taxes first . My instinct tells me to file for aos first since I am a vwp overstay but I dont know...i am panicking please someone help. Any help would be appreciated

Hi,

1. No problem filing married filing jointly. Even illegal aliens are required to file tax returns. Filing tax returns is what you are suppose to do.

2. You are wrong on changing your name in AOS. Under The laws of all states, the marriage certificate is the legal means to take your husband's last name. Doesn't matter which name you file taxes under.

3. You will be filing for AOS after filing your taxes. The concurrent filing of the I-864 requires your petitioning husband to have filed his tax returns for the last three years. No tax returns as required = denial of the AOS.

4. Marriage is irrelevant. He needs to file his tax returns for all years he did not file. That's a tax issue. Immigration will require him to file tax returns for 2012, 2013, and 2014.

If your husband wants you to have the privilege of a green card, then he needs to meet his obligation to file tax returns.

Best of luck

[sky459 6]

thanks for all the replys

aaron2020

on 2. i meant you cant change your name on your social security card until you have proper papers from uscis, so i read on ssa website.

so filing taxes i would have to put the exact name as it shows on my sscard, right?

so does that mean a nonresident filing/treated as a resident ?

i am just afraid somehow once we file for taxes, we might get in trouble for me not having a status

[sky459 6]

helo a diolch i chi Boiler

[aaron2020 11,651]

thanks for all the replys

aaron2020

on 2. i meant you cant change your name on your social security card until you have proper papers from uscis, so i read on ssa website.

so filing taxes i would have to put the exact name as it shows on my sscard, right?

so does that mean a nonresident filing/treated as a resident ?

i am just afraid somehow once we file for taxes, we might get in trouble for me not having a status

Tax laws and immigration laws are different. They only intersect for the I-864.

Already told you that you can use either name to file.

You are a resident of the US. It doesn't matter if you are an illegal resident. You are still a resident. You are not a nonresident for tax purposes. You are a resident for tax purposes. Remember, even illegal residents have to file tax returns because they are residents. The IRS doesn't give a shizz about your immigrant status. If you are living here, you file tax returns like the rest of us taxpayers.

Edited April 3, 2015 by aaron2020

[chewy2012 2]

I do know that with the IRS your name must match what is on your social security card.

[sky459 6]

thanks chewy2012

that's what i thought

we will go ahead and do our taxes.

but we may not even need them, hence i have 35 quarters worked already and i think i can get my husbands quarters ( since we've been married ) added to mine to have my 40 quarters, to be able to file form I-864w.

my understanding is you get 4 quarters for working per year, we have been married since Feb. 2012 now its 2015. and i need 5 more quarters.

so we should be able to use form I-864w !? i am not sure, if i am wrong please tell me so.

[sky459 6]

wow i am so glad somebody finally responded to one of my posts. i didnt get much further with all my other posts in different areas.

thanks yall

[ggodoi 9]

How are you going to prove all the quarters you worked? How have you been paid?

[sky459 6]

@ ggodoi

i was married with a us citizen from 1998-2000, had the green card and legally worked , hence that's why i have 35 quarters accumulated. i m just not sure what documents i need for the form I-864w . i heard i need the ssa statements from both of us and thats it, but i am not sure.

[ggodoi 9]

I believe you need to be currently working, prove that you have worked for the past amount of quarters and also will stay working in the future. Otherwise you won't qualify