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IRS ITIN for an overstayer

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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!!


AOS from h2a visa, marriage based.

 

Filed I 130, I 485, I 131 and I 765 concurrently,

 

5/11/2018 Priority date; sent to Missouri, MSCxxxxxxxxx

6/15/2018 Biometrics appointment, Houston TX

7/11/2018 RFE for Birth Certificate

7/23/2018 Sent BC in response to RFE

7/31/2018 Confirmation of receipt of the BC

8/3/2018 received courtesy letter for medical 

8/6/2018 Case is ready to be scheduled for interview

 

I-130 for 2 husband's daughters (my step daughters) 10 and 17

5/11/2018 Priority Date; sent to Nebraska Service Center, LINxxxxxxxxx


Waiting game for ALL cases!

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


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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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..


AOS from h2a visa, marriage based.

 

Filed I 130, I 485, I 131 and I 765 concurrently,

 

5/11/2018 Priority date; sent to Missouri, MSCxxxxxxxxx

6/15/2018 Biometrics appointment, Houston TX

7/11/2018 RFE for Birth Certificate

7/23/2018 Sent BC in response to RFE

7/31/2018 Confirmation of receipt of the BC

8/3/2018 received courtesy letter for medical 

8/6/2018 Case is ready to be scheduled for interview

 

I-130 for 2 husband's daughters (my step daughters) 10 and 17

5/11/2018 Priority Date; sent to Nebraska Service Center, LINxxxxxxxxx


Waiting game for ALL cases!

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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.


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

2mzcunl.gif

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


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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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.


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

2mzcunl.gif

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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.

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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.


England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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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.


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

2mzcunl.gif

Share this post


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