Husband has never filed tax return - is this going to be problematic for the 601a?

[Abbie.S 1]

My husband and I just got married on 4/21 after five years together and aren't wasting any time beginning our waiver process. He entered w/o inspection approx. 10 years ago, has never left the country since, and has been employed the entire time, no other crimes other than unlawful entry.

 

He has received W2s every tax year since his arrival but has never filed a tax return. To be honest, until within the last year or so I didn't even know someone classified as an illegal alien COULD file a tax return. We have all of his tax documents including pay stubs going back almost a decade.

 

Seeing some of the timelines for folks who have already applied for the 601a's in other threads we're hopefully that by early summer 2019 we will have a determination as to whether he will be granted a greencard. However, I have been reading that one of the pieces of required documentation along the way is tax information. We will obviously have mine...but I have no idea what to do regarding his. He's paid taxes...just never filed a return because he didn't know how and was afraid and until recently I didn't even know he could. Does anyone know if this will negatively impact either the 601a or the consular interview, assuming we get that far? At what point do they want to review tax info and for what purpose? I'm wondering if this will delay our ability to apply for the 601a once the I-130 is approved and if we'll just need to wait until tax season 2019 to see how we can take care of back tax years...any information is appreciated.

[databit 328]

He could just get a Tax ID number and file back taxes now. No need to wait until 2019.

 

Problem would be if he ever claimed to be a US Citizen on any documents, including on a W-4 form at his place(s) of employment. Or if he used a fake SS#.