You can work and Pay tax without EAD

[Minori 111]

My friend’s lawyer said to my friend that ”You can work and pay tax since you are a spouse of US citizen. It’s nothing have to do with immigration process, but to work and put tax. She said it’s kind of special measures so that IRS can collect taxes because a lot of people work under table anyways and there is income limit of course. If you file tax for the income, you should file as a sole proprietor. “ 
 

Anyone knows about this? If you know the information and or the link? I will help the friend’s tax file for this year, so I need to know but my friend didn’t ask her lawyer much about that.. 

 

Thank you in advance. 

Edited July 22, 2022 by Minori

[powerpuff 5,982]

~~ Topic moved from AOS K1 to Working & Traveling during US immigration where EAD matters are discussed ~~
 

Fist step: Your friend should report the attorney to the state bar for blatantly ignoring and encouraging  clients to break the law. Second step: they should get another competent attorney asap

 

To answer you questions, no she cannot work without an EAD. That is illegal 

Edited July 22, 2022 by powerpuff

[Minori 111]

24 minutes ago, powerpuff said:

~~ Topic moved from AOS K1 to Working & Traveling during US immigration where EAD matters are discussed ~~
 

Fist step: Your friend should report the attorney to the state bar for blatantly ignoring and encouraging  clients to break the law. Second step: they should get another competent attorney asap

 

To answer you questions, no she cannot work without an EAD. That is illegal 

So that means IRS lets people work illegal, right? That’s why I want to know the link that provides if it’s official thing or not. 

Edited July 22, 2022 by Minori

[Dashinka 23,379]

The IRS is a completely different department in the government and has nothing to do with immigration.  Any immigrant or asylee needs employment authorization to work legally and no one here on VJ will tell you anything different.  Since we don't know the exact conversation between your friend and their lawyer, it is hard to comment on the exact context of the exchange.  It is true that if a spouse of a USC is attempting to legalize their status either through a spousal visa or through adjustment of status, and the immigrant spouse has worked illegally in the US, this will be forgiven by USCIS, but no one here will advocate that a spouse of a USC should work without proper documentation.

[arken 4,197]

 

 

1 hour ago, Minori said:

So that means IRS lets people work illegal, right? That’s why I want to know the link that provides if it’s official thing or not. 

No such official thing.
IRS simply says if you have an income you pay tax. It does not say nowhere you can work illegally.

 

[Crazy Cat 39,665]

3 hours ago, Minori said:

My friend’s lawyer said to my friend that ”You can work and pay tax since you are a spouse of US citizen. It’s nothing have to do with immigration process, but to work and put tax. She said it’s kind of special measures so that IRS can collect taxes because a lot of people work under table anyways and there is income limit of course. If you file tax for the income, you should file as a sole proprietor. “ 

All of that is false.  I do not believe an attorney would say that.....

Edited July 22, 2022 by Crazy Cat

[Dashinka 23,379]

18 minutes ago, Crazy Cat said:

All of that is false.  I do not believe an attorney would say that.....

My thought is the context was more along the lines of the immigrant spouse worked illegally and is either now adjusting or working toward a spousal visa.

[jan22 2,918]

This is a good example of the difference between "can" and "may" in the English language.  Unfortunately, they are now seen as interchangeble, but that is not accurate.

 

"Can" means you are able to do something while "may" indicates you have permission to do so.   So, you often CAN find a job and someone to hire you even if you don't have authorization to work -- and if you do, per the IRS, you legally have to pay income taxes.  But you MAY NOT accept the job because you don't have legal permission/authority to do so because you don't have work authorization and it is illegal for you to work.

 

Once you have work authorization you CAN (are abIe to) and MAY (have permission/authorization to do so) work.

 

Sorry -- grammar lesson for the day is finished!

[powerpuff 5,982]

3 hours ago, Minori said:

So that means IRS lets people work illegal, right? That’s why I want to know the link that provides if it’s official thing or not. 

 

1 hour ago, Crazy Cat said:

All of that is false.  I do not believe an attorney would say that.....

After what OP posted above, I’m inclined to agree with you. 
 

IRS simply says that if you earn income you pay tax, nowhere do they state that they allow or condone illegal work.

Furthermore, it’s not in the scope of IRS’ work to be checking and enforcing people’s authorization to work. There are other agencies for that.

 

Edited July 22, 2022 by powerpuff

[Lemonslice 4,589]

2 hours ago, Dashinka said:

My thought is the context was more along the lines of the immigrant spouse worked illegally and is either now adjusting or working toward a spousal visa.

That is also my understanding.  Not condoning work, but if you are working, or have worked, without authorization, you are required to declare the income to the IRS.  

[Crazy Cat 39,665]

1 minute ago, Lemonslice said:

That is also my understanding.  Not condoning work, but if you are working, or have worked, without authorization, you are required to declare the income to the IRS.  

Believe it or not, there is an IRS rule which states that if you steal property, you are required to declare the value of the stolen property as income....LOL.

[Lemonslice 4,589]

1 minute ago, Crazy Cat said:

Believe it or not, there is an IRS rule which states that if you steal property, you are required to declare the value of the stolen property as income....LOL.

Same if you do other lucrative illegal activities .  Paying taxes is often part of the money laundering process.  

[JeanneAdil 6,255]

did the friend come to US under spouse visa or was it fiancee visa

K1 has to AOS and wait for EAD card to work

CR1 (spouse visa) can work immediately

u say he is spouse of USC so which visa did he come on?

[Minori 111]

Thank you for the reply everyone here. The friend came here with K1 but she’s preparing for VAWA with her lawyer now. So she lives in a shelter and can’t work but she wants to sell her handmade things so she asked the lawyer, then her lawyer told her like that. I am also came here with K1 and working on Vawa, and I asked about a lot of things such as EAD, tax return and so on here on Visa journey since I started K1 but I’ve never known that even though some guys here are really knowledgeable about immigration laws and things. That’s why I want to make sure if it’s true and need to help the friend about tax return if she can earn money. I said her she should’ve get the link about the information from the lawyer if it’s true, otherwise it would be completely illegal. I know IRS and USCIS is different but I heard some people report others work under table here my states which has a lot of Japanese people which are secretly betray other Japanese friend. The friend and me don’t want to do something illegal. I will make sure her layer about that anyway. 

[SalishSea 16,903]

9 hours ago, Minori said:

My friend’s lawyer said to my friend that ”You can work and pay tax since you are a spouse of US citizen. It’s nothing have to do with immigration process, but to work and put tax. She said it’s kind of special measures so that IRS can collect taxes because a lot of people work under table anyways and there is income limit of course. If you file tax for the income, you should file as a sole proprietor. “ 
 

Anyone knows about this? If you know the information and or the link? I will help the friend’s tax file for this year, so I need to know but my friend didn’t ask her lawyer much about that.. 

 

Thank you in advance. 

Marriage does not confer any immigration benefit.  It is not legal to work in the United States without a authorization (EAD).   

 

Friend may file taxes as MFJ with ITIN.