AOS,taxes,etc...

[hypocrisy 0]

My wife and I are trying to adjust status through visa waiver. We married after she was here 60 days, and so far she has overstayed a month because our marriage was spontaneous and we didnt have the money to file for AOS. We should have the money sometime next month. I was wondering if someone could help with a few questions....

1. Can I claim her on my W-4 since we havent filed AOS? Dont know if I could state I was married since she isnt legal yet.

2. Is the only fee for AOS $1,010.00? We already paid for civil surgeon visit.

3.What do we need for proof of our marriage? She has a bank account back home,but no proof of residence since her apartment was in her roommates name?

4. Would obtaining a lawyer help us with the interview process,would it help us so she wouldnt be banned?

5. Could I have her placed on my health care insurance without filing AOS as of yet?

Any help and understanding would greatly be appreciated....

[payxibka 10,047]

My wife and I are trying to adjust status through visa waiver. We married after she was here 60 days, and so far she has overstayed a month because our marriage was spontaneous and we didnt have the money to file for AOS. We should have the money sometime next month. I was wondering if someone could help with a few questions....

1. Can I claim her on my W-4 since we havent filed AOS? Dont know if I could state I was married since she isnt legal yet.

2. Is the only fee for AOS $1,010.00? We already paid for civil surgeon visit.

3.What do we need for proof of our marriage? She has a bank account back home,but no proof of residence since her apartment was in her roommates name?

4. Would obtaining a lawyer help us with the interview process,would it help us so she wouldnt be banned?

5. Could I have her placed on my health care insurance without filing AOS as of yet?

Any help and understanding would greatly be appreciated....

1) She will meet substantial presence test by the end of the year... so you will be allowed to "claim" her

2) I-485 ($1,010) + I-130 ($355)

3) proof of marriage is simply the marriage certificate

4) Lawyer cannot prevent a "ban" that is justified... Lawyer or not is your personal choice

5) Ought to be able too... ask your provider

[Kittykisses73 1]

1010.00 for AOS & 355.00 for I-130.

Couldn't claim hubby on taxes no ss#

We too married spontaneously when he came to meet me I'm Aug, have had no troubles! Been a really quick process in comparison to some people on here that I read about . We chose to do the paperwork ourselves & we have done just fine (just read the forms OVER AND OVER AGAIN)

We sent wedding photos, copy of marriage license, letter from my grandmother that we live with her since there is no lease.

Make sure when u file the 864 that u send copies if the w2's 1099 etc ( I got transcripts from IRS because my exhusband had all my papers)

You will be just fine! Take a deep breath & fill out those papers )

[payxibka 10,047]

don't forget to do the I-765 as well (no fee if submitted with or after the I-485)

[motu 6]

You can file jointly because you are in fact married now! If she doesn't have a SSN by the time you file (I assume you will be filing next year) - you can get a Tax ID Number through IRS, do it if she doesn't have a SSN by March next year. Kitty can file an amended tax return and put her husband on the return (as soon as she can get a tax id for him or SSN).

Other than taxes - I will suggest to read up on the postings here in this forum - do searches or keep going back and reading the posts that match your situation - it's not uncommon. A lawyer is not necessary unless you run into problems - you can talk to one for free or a one hour fee (some charge $75-$100). Good Luck

[Old Dominion 26]

It is not necessary for anyone to have a SSN to be claimed as a dependent for tax purposes. The IRS issues a TIN upon filing a W-7 form, available by dowloading from the www.irs.gov website. Yes, you can claim her on your W-4 and it will reduce the amount withheld from your paycheck. Some health insurance plans will provide coverage for her (she should have it if at all possible) but some won't unless she has a SSN or a TIN. It depends on your employer's plan. Finally, you will be in good shape when you file for AOS for her; once she obtains the work permit (EAD) within 90 days of filing, then she can get an SSN and also begin working. Just build up lots of proof of your marriage for the time you are interviewed, about 5-8 months after you file the AOS.