Help with EAD and SSN

[Harpa Timsah 13,258]

Nope, NO SUCH box. Citizenship is NOT asked on the taxes. There is an issue about being a resident, and you ARE a resident for tax purposes. You live/reside here.

Why would she not get kid benefits? What benefits is she getting? EIC?

If she is pretending that you are not married so you can get extra tax benefits then that is fraud. I can only see that you would get more benefits with a bigger family per one salary, though.

I would get an appointment with a real tax professional, not H&R Block, and sort out your options. You've got a lot of misconceptions running around there.

Here's the 1040 form. You will see there is NO SUCH BOX to check that you are a citizen, or not. http://www.irs.gov/pub/irs-pdf/f1040.pdf

Edited June 7, 2013 by Harpa Timsah

[Sarah K 5]

Nope, NO SUCH box. Citizenship is NOT asked on the taxes. There is an issue about being a resident, and you ARE a resident for tax purposes. You live/reside here.

Why would she not get kid benefits? What benefits is she getting? EIC?

If she is pretending that you are not married so you can get extra tax benefits then that is fraud. I can only see that you would get more benefits with a bigger family per one salary, though.

I would get an appointment with a real tax professional, not H&R Block, and sort out your options. You've got a lot of misconceptions running around there.

Here's the 1040 form. You will see there is NO SUCH BOX to check that you are a citizen, or not. http://www.irs.gov/pub/irs-pdf/f1040.pdf

Yes I agree. I see the Filing Status boxes but if she filed "box 3 Married filing separately. Enter spouse’s SSN above

and full name here." she would not be able to put my SSN because I do not have one.

I can't see her pretending not to be married, I can't see a point to it. It seems that she would get more from being married in this situation. When I get the AOS sorted we'll have joint incomes and earn plenty and have much more opportunity's, she wouldn't want to pretend not to married because then I would never get AOS.

On the other hand, my wife gets her tax return next Spring which is enough to pay for AOS and she can be my sponsor. If she refuses or makes some excuse not to go ahead then I would become suspicious. But like I said what is the best a single parent family or a dual income family.

I'll chat with her when she gets home.

---------------------------------------------------------------------------------------------------------------------------------

It mystifies me as to how an undocumented person can work and pay taxes, how do they get a job in the first place. They must work under the table and pay tax out of that. But by sending in a tax return form with name and address they are surely handing themselves over to ICE.

[Harpa Timsah 13,258]

I urge you to talk to a real tax professional. Filing an amendment as married filing jointly should get you a lot more money. You can get an ITIN number to file taxes. Your real household size is one bigger than she has been saying it is. That one person is worth a good bunch of money (the gov lets you keep that money to help pay for that extra person and she hasn't been collecting it).

People work illegally all the time. There was a guy on here who has overstayed 27 years and has been working and paying taxes the whole time. in fact, there is an issue that illegal immigrants file taxes and get money back from the government, by using Earned Income Credit and the like.

I really think if you learn a little more, you can get lots more money now and file AOS soon. Then you can get a job and live a normal life. Waiting until next spring is almost a year away.

[Noel194 53]

Well if she has been filing as a single person with children or head of household that is tax fraud. She is infact married. I would go back and amend all those tax returns. The IRS will not punish you for a harmless error if YOU correct it.

[VanessaTony 3,567]

First, you could apply for an ITIN (Tax ID number) so the lack of SSN doesn't matter.

Also, if she's been filing with H&R block then you should be entitled to a "free second look". I would go back there and tell them they've been doing it wrong.. she should be filing with you, she'll get a better return!

Also, ICE don't monitor people's tax returns to find illegals. There are millions and millions of illegals. It's not something I would worry about.

My husband and I filed together in 2009 when I was still on my visa. I had a SSN but the return he got with me as another person in the household for his income to support, was bigger without me (they can show you what it will look like if they make this change or that change).

I'd amend personally... you should get a tidy little refund. I'd prepare the AOS documents beforehand and once you've filed then you can send off your package. Once you get the receipt you are in a "period of authorised stay" so any concern you have about being flagged for filing your taxes as "an illegal" would be moot.

[VanessaTony 3,567]

First, you could apply for an ITIN (Tax ID number) so the lack of SSN doesn't matter.

Also, if she's been filing with H&R block then you should be entitled to a "free second look". I would go back there and tell them they've been doing it wrong.. she should be filing with you, she'll get a better return!

Also, ICE don't monitor people's tax returns to find illegals. There are millions and millions of illegals. It's not something I would worry about.

My husband and I filed together in 2009 when I was still on my visa. I had a SSN but the return he got with me as another person in the household for his income to support, was bigger without me (they can show you what it will look like if they make this change or that change).

I'd amend personally... you should get a tidy little refund. I'd prepare the AOS documents beforehand and once you've filed then you can send off your package. Once you get the receipt you are in a "period of authorised stay" so any concern you have about being flagged for filing your taxes as "an illegal" would be moot.

Sorry I meant to say the return was bigger WITH me than without me. I wasn't working either and I hadn't filed paperwork yet. I had overstayed my visa though.

[Sarah K 5]

So on the 1040 form http://www.irs.gov/pub/irs-pdf/f1040.pdf my wife has actually two choices Filing status "2 Married filing jointly (even if only one had income" or "3 Married filing separately. Enter spouse’s SSN above

and full name here." of which she can not do because I do not have a SSN. She can not file "4 Head of household"? So her only real choice is "2 Married Jointly".

Note: She has not told me how she is filing, she says H&R Block files it. For all I know she could be filing married jointly. Is there a way I can find out which she is filing?

If a person was filing Head of household by mistake would there be any more benefit as to filing Married filing jointly.

Would a single working parent with 4 kids get more benefits overall than a married couple (one working one not) with 4 kids?

For a person to deliberately file Head of Household there must be more benefit.

-----------------------------------------------------------------------------------------------------------------------------------

Is this ethically correct: "My wife always says that her tax return is her treat and she can spend it for herself. When in actual fact the tax return is ours and partly belongs to me, in other-words I have a say in how it is spent too".

If she was filing "Head of Household", she would be basically telling the tax office that I don't exist and her tax return is based on me not existing and when she says her tax return is her treat and nothing to do with me, she is basically correct.

----------------------------------------------------------------------------------------------------------------------------------

Is this correct: When my wife filled out the W4 form http://www.irs.gov/pub/irs-pdf/fw4.pdf when she got her job she would have to tick "Married" even though it says below "Note. If married, but legally separated, or spouse is a nonresident alien, check the “Single” box" because I will be considered a U.S. resident for tax purposes because I meet the substantial presence test for the calendar year. http://www.irs.gov/Individuals/International-Taxpayers/Substantial-Presence-Test

[Harpa Timsah 13,258]

John: The "best deal" is different for every person, but however she calculates it, she should be including you, just for money sake. You can be included as a resident for tax purposes (as you discovered) and that is worth money. You can test it out by filling out the forms both ways and then taking the best option. If she never mentioned you to H&R Block, then she is losing out.

H&R Block, btw, are not tax professionals. They hire people to work for a few months and fill out computer forms. You should talk to a real, full-time tax professional.

_______

A tax return check is not a "treat"... it's YOUR money the gov is sending back to you because they overcharged you. If you get a tax return, then you get gave the government a loan for the year and didn't charge interest.

__

If she has single on her W2s then she is getting even less money from the government week to week. Let's say I earn $100 a week and the gov wants to take out $50 each week for taxes. Each person in my household gets me $10 back each week. So one for me, one for a kid. So I get $70 a week. If I have more kids, or a spouse, I get more of the money I earned.

Being married is a tax benefit and your wife, by pretending that you don't exist even though she feeds you and spends money on you, is just wasting the benefit.

______

It sounds like you need to have a serious conversation about finances with your wife. Some people have reported that they redid their taxes with married filing joint and got like $10 000. You are losing money doing what you are doing, and it sounds like you guys could use money. I can't figure why someone would want to forgo thousands of dollars so they can have a small "treat." You are throwing your money away. Just throwing it out the window.

Edited June 13, 2013 by Harpa Timsah

[VanessaTony 3,567]

Is this ethically correct: "My wife always says that her tax return is her treat and she can spend it for herself. When in actual fact the tax return is ours and partly belongs to me, in other-words I have a say in how it is spent too".

If she was filing "Head of Household", she would be basically telling the tax office that I don't exist and her tax return is based on me not existing and when she says her tax return is her treat and nothing to do with me, she is basically correct.

It reads to me with that other stuff that you have some issues with your wife, the above is of course the biggest red-flag to me. Firstly, a tax return is exactly that, a "return" of taxes that have already been paid, or rather "overpaid". As your wife is the only one working then yes, the tax return is her earned money being returned to her BUT reading "her treat" is really disturbing. Every family is different and if that's your agreement then its not so weird, but if she's basically hoarding it with no regard to what you need/want then it's worrisome.

The years I didn't work Tony would spend the money on us/me (adjustment of status, moving costs from Iowa to Texas one year for example). The year I worked (prior to this one) I told him keep it. After all, he pays the household bills and this was my way of contributing. This year though I asked for "my share" because I wanted it to help to pay for N-400 and a few other things. My portion was significantly lower than his but he's put aside his money for household emergencies... he isn't whittling it away on pointless things.

It's easy for money to become an issue in marriage and for your wife to keep "her treat" instead of using that money to get your legal status so you can work and be a contributing member of society borders on abuse in my opinion...

[Harpa Timsah 13,258]

This "treat" thing reminds me of how I used to play Monopoly when I was about 7 years old. I would hide a bunch of my money under the board and then when I ran out I would look under there and think, "Yay! More money!" But all that play money was mine to begin with, and I think that a real adult knows how much money they have and how to spend it. I did that because I was seven.