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Posted

Hi everyone!

I've been knowing this website for so long and learned alot from all useful advices here. Now it come to me an issue and I need help from you guys,

I was a J1 visa holder on summer 2010 and remained in US illegally for 4 months before getting married to my husband who is a US resident. I got the green card since then. But now I realized I didnt get any tax refund for the period of time working under J1 visa. I start to file it but question come to my mind that whether the government agree on giving my tax refund given that I was here 4 months illegally ? or will I get in to trouble because of the past ?

Been very confused whether I should let the tax documents go through the process or just forget the refund...searching many websites but couldnt find a hint. Many thanks to anyone can give me answer!! ♥

B-)

Filed: Country: Vietnam (no flag)
Timeline
Posted (edited)

The IRS does not care about your immigration status. Even illegal aliens must file tax returns. The IRS will not report you to Immigration.

If you got married in 2010, then you and your husband can file as 1) married filing jointly or 2) married filing separately. Neither of you can file as single.

If your husband filed as single, then he needs to amend his 2010 tax return to reflect that he was married in 2010.

If he filed married filing jointly, then he must amend his return to include your 2010 earnings or amend his return so both of you can file married filing separately.

If he filed married filing separately, then you can choose to file married filing separately or amend his return to married filing jointly.

If you got married in 2011, then you file as single for tax year 2010.

Edited by aaron2020
Filed: Timeline
Posted

I'm in the same situation as tiixu. I was a J-1 from 2009 until 2011 and I didn't file for a tax return because I was told by my sponsor not to do it. Now I know that I should've filed. I don't where to start, I mean should I just go to H&R block and tell them about my situation? I have a pending AoS case.

Filed: Country: Vietnam (no flag)
Timeline
Posted (edited)

I'm in the same situation as tiixu. I was a J-1 from 2009 until 2011 and I didn't file for a tax return because I was told by my sponsor not to do it. Now I know that I should've filed. I don't where to start, I mean should I just go to H&R block and tell them about my situation? I have a pending AoS case.

Do not got to H&R Block. Their tax preparers have minimal training; most have only a few months of training. H&R Block will charge you all sorts of extra fees. Do you really want your taxes done by someone with only 60 hours of training?

Go to a real accountant/CPA. You will be surprised that they don't charge much more than H&R Block for simple returns. Most will file for you for a flat fee without the hidden charges that H&R Block will try to stick you with.

==========

http://www.hrblock.com/taxes/planning/tax_courses/index.html

Income Tax Course

H&R Block has been approved by the California Tax Education Council to offer The H&R Block Income Tax Course, course number 1040-QE-0856, which fulfills the 60-hour "qualifying education" requirement imposed by the State of California to become a tax preparer. A listing of additional requirements to register as a tax preparer may be obtained by contacting CTEC at P.O. Box 2890, Sacramento, CA 95812-2890; toll-free by phone at (877) 850-2832; or at www.ctec.org.

Edited by aaron2020
Posted

The IRS does not care about your immigration status. Even illegal aliens must file tax returns. The IRS will not report you to Immigration.

If you got married in 2010, then you and your husband can file as 1) married filing jointly or 2) married filing separately. Neither of you can file as single.

If your husband filed as single, then he needs to amend his 2010 tax return to reflect that he was married in 2010.

If he filed married filing jointly, then he must amend his return to include your 2010 earnings or amend his return so both of you can file married filing separately.

If he filed married filing separately, then you can choose to file married filing separately or amend his return to married filing jointly.

If you got married in 2011, then you file as single for tax year 2010.

Thanks Aaron!! big help!! :thumbs:

Filed: IR-1/CR-1 Visa Country: India
Timeline
Posted

Hi everyone!

I've been knowing this website for so long and learned alot from all useful advices here. Now it come to me an issue and I need help from you guys,

I was a J1 visa holder on summer 2010 and remained in US illegally for 4 months before getting married to my husband who is a US resident. I got the green card since then. But now I realized I didnt get any tax refund for the period of time working under J1 visa. I start to file it but question come to my mind that whether the government agree on giving my tax refund given that I was here 4 months illegally ? or will I get in to trouble because of the past ?

Been very confused whether I should let the tax documents go through the process or just forget the refund...searching many websites but couldnt find a hint. Many thanks to anyone can give me answer!! ♥

B-)

It seems the company you were working for illegally for 4 months did not issue u W4, as long as they issue you have W4 and your income reflects on it IRS does not care about your status and they would do the refund.

 
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