working on expired EAD and taxes

[hazbutler 0]

hello all

I am in the middle of filing for AOS after getting married to a US citizen. I have a couple of questions regarding work and income.

1. I am employed but my EAD that I was granted while still a student has since expired. I have continued to work and I am just filling out all the forms. Should I put that I am employed even though my EAD is expired. what should i say if they ask me at the interview of bio exam. lie or not lie basically?

2. My wife and I filed our 2007 taxes jointly, so our annual income includes both of our incomes put together. On the I-864, for her annual income should she put the number on her 1040A (which is our 2007 income together), or should she just put her individual income from her W-2? Either way we are going to submit both our tax return and W-2s, but which number should go on the form?

Any help or experience would be much appreciated.

[Liebi 0]

Lying during this process is always a bad idea.

And since you are submitting your 2007 tax returns it's totally pointless because your name is on the papers and so they will see right away that you worked.

It's illegal to work without a valid EAD or proof of having filed for extension, I don't know if there is an exemption in your case, maybe someone else can clarify that for you.

Edited February 5, 2008 by Liebi

[LaL 418]

Lying during this process is always a bad idea.

And since you are submitting your 2007 tax returns it's totally pointless because your name is on the papers and so they will see right away that you worked.

It's illegal to work without a valid EAD or proof of having filed for extension, I don't know if there is an exemption in your case, maybe someone else can clarify that for you.

Point of clarification USCIS and IRS rarely ever "talk". Filing taxes despite lack authorization to work is the right thing to do. Besides, on the USCIS side of it, unauthorized work is usually forgiven when adjusting based on marriage to a USC.

Someone with more insight on the I864 part will have to answer that

[Liebi 0]

Lying during this process is always a bad idea.

And since you are submitting your 2007 tax returns it's totally pointless because your name is on the papers and so they will see right away that you worked.

It's illegal to work without a valid EAD or proof of having filed for extension, I don't know if there is an exemption in your case, maybe someone else can clarify that for you.

Point of clarification USCIS and IRS rarely ever "talk". Filing taxes despite lack authorization to work is the right thing to do. Besides, on the USCIS side of it, unauthorized work is usually forgiven when adjusting based on marriage to a USC.

Someone with more insight on the I864 part will have to answer that

What I meant was, if he submits his tax returns to USCIS with AOS and then tells them he didn't work, it would be kinda easy for the IO to figure that one out simply by looking at the papers he submitted. Just wanted to say that lying to USCIS is a bad idea in general and since he did what he is supposed to do (paid his taxes), sticking with the truth might be his best bet.