Taxes question

[lovebird78 0]

Hello I am new in this forum and wonder if you folks can help us. I am currently living with my bf for aprox 6 months.

We are planning to get married in the summer, could we file taxes together using his ITIN number?? I am wondering if the IO will ask for his tax returns even if he has not been working.

BTW he came on a tourist visa and overstayed without the intention of getting married

Thanks in advance, I think this forum is great

[SpongebObiWan 0]

Hello I am new in this forum and wonder if you folks can help us. I am currently living with my bf for aprox 6 months.

We are planning to get married in the summer, could we file taxes together using his ITIN number?? I am wondering if the IO will ask for his tax returns even if he has not been working.

BTW he came on a tourist visa and overstayed without the intention of getting married

Thanks in advance, I think this forum is great

You said you are planning to get married this summer. Which means that are not married now, nor were you married during any part of 2009. Therefore, to the best of my knowledge, you cannot file taxes as "married filing jointly", for 2009. If you are referring to tax year 2010, there is a long time yet in which to file for Adjustment of Status after you are married this summer, and then obtain your Social Security card and number.

Maybe I'm missing something in your question here.

[Hell0W0rld 10]

BTW he came on a tourist visa and overstayed without the intention of getting married

Don't worry about filing for taxes now, you have a bigger issue to deal with.

If you can, provide more info

Where is he from, how long was the overstay.

[lovebird78 0]

He is from Chile and oversayed about 4 years.

Question: would they ask for his tax returns for the last years?

He has not been working, only taking care of a family member that recently passed away.

Thanks

[lovelyalex 99]

Getting an ITIN does not change your immigration status or your right to work in the United States and I suspect if he has overstayed for as long as 4 years he will likely face a ban surely?

[JERIII 8]

Getting an ITIN does not change your immigration status or your right to work in the United States and I suspect if he has overstayed for as long as 4 years he will likely face a ban surely?

The ban for overstaying applies only if the person leaves the country. If he remains and they marry and adjust status, the overstay will be forgiven. As long as he doesn't get in trouble with immigration before then, he should be fine.

In AOS, the income (and taxes) of the citizen is important, that of the immigrant is not.

[Hell0W0rld 10]

The ban for overstaying applies only if the person leaves the country. If he remains and they marry and adjust status, the overstay will be forgiven. As long as he doesn't get in trouble with immigration before then, he should be fine.

In AOS, the income (and taxes) of the citizen is important, that of the immigrant is not.

OP's boyfriend(fiance) is out of status, how can he adjust status without having one to begin with?I don't know how the "forgiven" logic works, it just doesn't make sense.

[lovelyalex 99]

Ah yes, is the original poster a USC?

[JERIII 8]

OP's boyfriend(fiance) is out of status, how can he adjust status without having one to begin with?I don't know how the "forgiven" logic works, it just doesn't make sense.

And lovely alex asks:

Ah yes, is the original poster a USC?

I didn't think of the USC issue. If the OP is not a citizen, then everything is different.

But to answer Hell0W0rld -

Assuming that the OP is a citizen, "out-of-status" is an expression that usually means someone's status is expired - they overstayed a visa, or something like that. Adjustment of status is allowed in this situation. It is extremely common to adjust status in this way. When the adjustment of status takes place, an overstay is "forgiven" in the sense that it does not (usually) cause any problems after that.

When my wife and I did her AOS interview, the interviewer told us that almost everyone she saw was "out-of-status." She was a little surprised that my wife had never been out-of-status.

It isn't really a good idea to look too hard for common sense and logic in immigration laws, what is, simply is.

[lovebird78 0]

I am a USC and aware that his overstay will hopefully been forgiven once we get married, and adjust his status. It was basically a question about his taxes.

Thanks for your replies