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nana_356

taxes problem

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nana_356 Community Regular

nana_356   0

Posted
Filed: AOS (pnd) Country: Egypt
 Timeline
Posted

My friend I feel is in trouble, but she wont believe me. She has been out of statuss for a few years, and her husband has been claiming her in his taxes and saying she is a citizen, and she has not been audited or anything.She wont listen to me

I-130 & G325A

09/11/2007 I-130 & G-325A mailed today, to Los angeles, CA

03/16/2008 Received RFE I-130

03/26/2008 RFE for I-130, sent to LA Through USPS Certified mail

03/31/2008 I-130 RFE response letter is received

04/09/2008 I-130 case processing has resumed

04/17/2008 I-130 APPROVED!!!! DATED 04/14/08 YAY!! 7 monthes to approve.

I-485 & EAD

03/13/2008 Sent I-485 & EAD to Chicago Lockbox through USPS Priority Mail

03/16/2008 I-485 & EAD Received by R. MERCEDO USCIS Chicago IL

03/25/2008 Received NOAs for I-485, I-765

03/28/2008 Received Biometrics Appointment Notice

03/29/2008 Biometrics done-Appointment Scheduled 4/05, but I went early.

03/31/2008 Case Status shows up Online

04/03/2008 EAD touched

04/10/2008 RFE for I-485 received today, dated 4/04/08

04/11/2008 Sent RFE to Lee's Summit, MO / USPS priority mail

04/14/2008 USCIS received RFE response; signed by C BORDERS.

04/17/2008 Case processing resumed

04/22/2008 Touched

05/09/2008 Received EAD Approval Notice from CRIS "Card production odered"

05/14/2008 EAD card production ordered, 2nd notice

05/16/2008 EAD Approved & Sent!! (61 days)

05/19/2008 EAD in hand!!!!!

GOD SPEED FOR ALL OF US WITH TRUE INTENTIONS!!

desert_fox Proficient

desert_fox   32

Posted
Filed: Country: Spain
 Timeline
Posted

Is she married???...and filing jointly??

No requirement to be citizen.

IRS doesnt care about her immigration problems...they just want their taxes paid correctly...I dont see any problem.

I finally got rid of the never ending money drain. I called the plumber, and got the problem fixed. I wish her the best.

Mr. Big Dog Grand Master

Mr. Big Dog   10,747

Posted
Filed: Timeline
Posted
Is she married???...and filing jointly??

No requirement to be citizen.

IRS doesnt care about her immigration problems...they just want their taxes paid correctly...I dont see any problem.

If they're filing with a fake SSN (which they likely would if they claim she's a USC) then the IRS will care as they claim a personal exemption that isn't theirs to claim. They are, in that scenario, evading taxes. The IRS usually cares about that.

GabiandVi Proficient

GabiandVi   34

Posted
Filed: AOS (pnd) Country: Benin
 Timeline
Posted (edited)

Once you are married, even if your spouse is a non-resident alien, your spouse (the non-resident alien) is supposed to file taxes in the US. The USC can file a joint tax return, or the two can file seperately. In either case, the US Citizen is supposed to put the non citizen's SSN or ITIN on his/her form. You can file for an ITIN using the W-8, I believe, or possibly it is the W-7. Or you can write "applied for" or "non-resident alien". That last bit is what I've been told and what I'm doing, but I never actually found that information on irs.gov. However, my sister's lawyer told her to put "applied for" in the space for her husband's ssn.

As for claiming the non-citizen spouse, I don't think you can do that, though the USC can file as head of household, so maybe you can. I checked filing seperately, but my husband isn't filing. My sister's lawyer also told her this was okay. I hope he is right. I do claim my daughter, but since I live abroad, my entire salary is excluded so mine and my daughter's exemptions are useless. I'll need them next year, however.

Edited by GabiandVi

AOS Timeline

4/14/10 - Packet received at Chicago Lockbox at 9:22 AM (Day 1)

4/24/10 - Received hardcopy NOAs (Day 10)

5/14/10 - Biometrics taken. (Day 31)

5/29/10 - Interview letter received 6/30 at 10:30 (Day 46)

6/30/10 - Interview: 10:30 (Day 77) APPROVED!!!

6/30/10 - EAD received in the mail

7/19/10 - GC in hand! (Day 96) .

 

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