Affidavit - Tax Returns

[Beefheart 31]

Hello, one and all.

I have a theoretical question regarding Federal tax returns, as per required evidence for the AOS affidavit. An old friend has recently been inquiring on behalf of a family member and her husband, hoping I might be able to shed some light on the following situation:

The couple in question have been married and co-habiting for the past couple of years in the States. They are looking to file her AOS very soon but need to request her most recent tax return for 2015.

He filled last year's tax return (2014) under the "married-joint" option, declaring his wife's earnings as zero. However, his wife has since been working out of pure necessity to help pay rent, bills, etc., despite not having received her AP. A necessary evil so that they can survive and feel like they are contributing to society (she pays taxes on her paychecks).

Now, he is unsure as to whether he should file this year's tax return as "married-joint" again and declare his wife's earnings as zero. The problem is that while she has been working, she has been doing so without permission from the DWP (or whatever it is in the US), and he's worried that if he includes her earnings on his tax return it will show up and be flagged during the processing of her AOS application. He could file "married-separate", but that in itself would suggest she's been working, else why not just file jointly?

They're unsure what to do, as they don't want to jeopardize her AOS application and ability to gain lawful employment and residency. They don't want to lie on the tax return or AOS but are at a complete loss as to what course of action to take.

Does the USCIS communicate directly with the IRS when handling AOS applications to verify information? Will the USCIS cross reference her Social Security number and see that she's been making regular tax payments despite not legally being able to work? If so, will their apllication be thrown out?

All advice and information will be greatly appreciated.

[aleful 1,905]

hi

if she was working, then she needed to declare such earning on her taxes, she can get an ITIN number for taxes, and working is forgiven because immigration knows people have to work, as long as she didn't declare herself as a USC at her job. ITIN is a number, not a social security number, to declare taxes for those who don't have a social security number

they should fix their taxes before filing for spousal visa

did they do the same for 2015 taxes this year?

Edited August 3, 2016 by aleful

[KayDeeCee 4,893]

They should file their taxes and declare the earnings. You never want to lie about working illegally, and you should definitely pay your taxes if you are. The IRS just wants their share. You should not lie about the work to the USCIS either.

What visa did she enter the US with?

[Beefheart 31]

Thanks both.

She has a SS number, so no need for any ITIN.

Entered the US on a fiance visa before marrying.

Is the general consensus just to be as above board as possible, despite having been working without an EAD? Declaring her earnings sounds wise to me, and she has been paying her taxes, so it can't be that bad, right?

[KayDeeCee 4,893]

Yes, she should pay her taxes and be honest about the work whenever asked about it. It most likely won't be an issue for someone that entered legally and is married to a USC.