Help! Do I need to use SSN ( valid for work only with DHS authorization ) on tax forms and I am already out of school

[Darnell 8,479]

it's not me yer being naughty with.

omission to uscis is sometimes seen as misrepresentation.

you not want misrepresentation to USCIS.

IRS, otoh, won't care about yer status or lack of status when you file when using yer SSN.

Edited January 30, 2014 by Darnell

[Coco35 0]

it's not me yer being naughty with.

omission to uscis is sometimes seen as misrepresentation.

you not want misrepresentation to USCIS.

IRS, otoh, won't care about yer status or lack of status when you file when using yer SSN.

The other reason is that I am just like how am I gonna know my SSN is still valid or not ? My school aldy terminated my visa and so I am like they may or may not go to SSN office and change status of my SSN so my SSN will be canceled or sth.

After I filed tax form to IRS by using this SSN, I don't want to have problems like this SSN does not work or sth like that.

[Coco35 0]

Should I check my Social Security Number on here ?

http://www.ssnvalidator.com/

Edited January 30, 2014 by Coco35

[Darnell 8,479]

your SSN is valid from first issue till death.

has nothing to do with why it was issued.

[BobnRuby 1]

I think that people are missing the obvious question. Does she have an SSN or is it a ITIN??? They dont issue SSN's for work visa's, student visa's etc.....

[Coco35 0]

I think that people are missing the obvious question. Does she have an SSN or is it a ITIN??? They dont issue SSN's for work visa's, student visa's etc.....

I think it is SSN , I have got this social security card saying ( valid for work only with DHS authorization ) and I got it years ago when I was in school and working on campus job

[BobnRuby 1]

Ok...your timeline is not updated...you say that you are out of status...how did you get here?? What was your status??? If your are now married...did you apply to adjust???

[Coco35 0]

Now I found this on 1040 instructions which says

Nonresident aliens and dual­status ali­

ens.

Generally, a married couple cannot

file a joint return if either spouse is a

nonresident alien at any time during the

year. However, if you were a nonresi-

dent alien or a dual-status alien and were

married to a U.S. citizen or resident ali-

en at the end of 2013, you can elect to

be treated as a resident alien and file a

joint return. See Pub. 519 for details.

Now if I fill SSN on 2013 return, can we do married filing jointly since it says on 1040 that a married couple cannot do married filed jointly if either spouse is non resident alien ? I am an non resident aline plus over stayer , can we do MFJ ?

[Coco35 0]

Ok...your timeline is not updated...you say that you are out of status...how did you get here?? What was your status??? If your are now married...did you apply to adjust???

I got here with F1 visa and went to school for a year and went out of status,

Now I am married and we already have almost all the forms ready to apply AOS except tax returns.

We have our 2012 return as single since I thought I could not use this SSN for any reason except work on campus.

We are going to file 2013 return and amend 2012 return and figuring out " Should I use this SSN ( I got from school years ago ) or use NRA ?

[Coco35 0]

your SSN is valid from first issue till death.

has nothing to do with why it was issued.

thank you for you info,

[KayDeeCee 4,895]

Now if I fill SSN on 2013 return, can we do married filing jointly since it says on 1040 that a married couple cannot do married filed jointly if either spouse is non resident alien ? I am an non resident aline plus over stayer , can we do MFJ ?

Yes, you will need to include a statement. Follow these instructions > http://www.irs.gov/Individuals/International-Taxpayers/Nonresident-Spouse-Treated-as-a-Resident

[Coco35 0]

Yes, you will need to include a statement. Follow these instructions > http://www.irs.gov/Individuals/International-Taxpayers/Nonresident-Spouse-Treated-as-a-Resident

Thanks again.

[Darnell 8,479]

huh? i thought she was a resident alien , albeit out of status.

not considered a non-resident alien, as she's residing IN the USA.

What am I missing?

[Dave&Roza 748]

You have a valid SSN so use that for all things that require a SSN--it is your for life. All you need to do is inform the SSA of status changes like becoming a lawful permanent resident (LPR) or US citizen.

If you are physically present in the US, then you are a resident alien.

If you are not physically present in the US or just moved to the US and do not meet the physical residency requirements then you are a non-resident alien.

If you are a non-resident alien, you can submit a statement to the IRS that you would like to be treated as a resident alien for TAX purposes. You put your SSN on the form and file as marred filing jointly.

Or you can be treated as a NRA for tax purposes if living outside the US in which case your spouse files as married filing separately and you file no income tax return with the US.

I am like Darnell and understood that you are physically present in the US making you a resident alien that is out-of-status--i.e. over-stayed your legal presence in the US and married to a USC.

You need to file adjustment of status (AOS) so you can become a LPR. You do not need to worry about the over-stay as you are married to a USC and it will be forgiven once your AOS is approved.

The IRS does not talk to the USCIS so you have nothing to worry about there. Relax.

Good luck,

Dave

[Coco35 0]

You have a valid SSN so use that for all things that require a SSN--it is your for life. All you need to do is inform the SSA of status changes like becoming a lawful permanent resident (LPR) or US citizen.

If you are physically present in the US, then you are a resident alien.

If you are not physically present in the US or just moved to the US and do not meet the physical residency requirements then you are a non-resident alien.

If you are a non-resident alien, you can submit a statement to the IRS that you would like to be treated as a resident alien for TAX purposes. You put your SSN on the form and file as marred filing jointly.

Or you can be treated as a NRA for tax purposes if living outside the US in which case your spouse files as married filing separately and you file no income tax return with the US.

I am like Darnell and understood that you are physically present in the US making you a resident alien that is out-of-status--i.e. over-stayed your legal presence in the US and married to a USC.

You need to file adjustment of status (AOS) so you can become a LPR. You do not need to worry about the over-stay as you are married to a USC and it will be forgiven once your AOS is approved.

The IRS does not talk to the USCIS so you have nothing to worry about there. Relax.

Good luck,

Dave

huh? i thought she was a resident alien , albeit out of status.

not considered a non-resident alien, as she's residing IN the USA.

What am I missing?

Opps, Again,

I was in school for 2010 fall semester and 2011 spring semester.

And I never ever filed any forms 8433 or never paid any taxes ( I work on campus and earned 1500$ for fall 2010 and 1500$ for spring 2011) and I got some Dean's scholarships too

I honestly never knew anything about tax until after marriage and I still don't know for sure I need to pay taxes for working on campus and for scholarships till now. I never got any W2 . My international student never told me about that either.

1 So when I fill my SSN on tax form for 2013 and amended 2012 , will IRS care about me not filing 8433 ( which was back in 2010 or 2011 ) or will they care about me not paying taxes ( for working on campus and scholarships ) ? Will they penalize me ?

2 What about USCIS , will they care about me not filing 8433 and not doing anything about tax when I apply for AOS ?

thank you