Confused US citizen married to student and need help with where to begin

[Olayju 0]

I am a US citizen who and recently married. My husband is here on a student visa, but currently is out of status. His visa is not expired.  I am unfamiliar with everything we need to undertake to file for his Green Card. I'm not sure where to begin. 

 

I know we need to file an adjustment of status. There's the forms I need to do, the forms he needs, the interview etc. 

 

This is what I am concerned about:

 

1) He is worried about deportation and allowing anyone to offer advice except for very trusted friends. I want to know how real this concern should be. I really depend on him and need him here 

 

2) He is not currently enrolled in school. We need documents from the school to file our income taxes. His student account with the school is blocked because he is out of status and not currently enrolled. 

 

3) Filing my income taxes- we married at the end of 2016. I need to include him on my tax return to get my full refund. He doesn't think he has a taxpayer Identification number. It takes 6 weeks to receive from IRS. I think the school may have done this for him. We need the 1098T forms to show what he paid the school on our tax forms.

 

4) My income is slightly under the income requirement to file his documents. We will need to use a co-sponsor to apply for his green card.

 

5) I am incredibly anxious about the whole process. I would like guidance from someone to explain everything. I really love my husband and the thought of not doing everything correctly and terrified that we may make an error that sends him halfway across the world when i need him here.

 

Any advice on any of these questions is greatly appreciated. Thanks. 

[BlackAmerican 4]

Visa overstay is forgiven for US spouse who applied for Adjustment. The forms are easy to complete by following the guides on here especially for a college educated person. If ur husband has a social or TIN u can file taxes and by following the instructions for non resident alien spouse. Or u can file married filing separately and and amend ur taxes once he gets work authorization which takes about 90 days. It is a stressful process mostly because of the wait. You should go to previous AOS filers and read the threads.  There isnt really any reason to worry about deportation so long as u can prove a bona fide marriage there is no reason to not be approved except for the reasons stated in the rules of inadmissibility. That ur husband was a student is good. Whether or not ur husband is currently enrolled they should mail any needed tax documents to the address on file. He maybe cannot get his transcripts but if he paid he should get tax documents.  

[Olayju 0]

Yes, I have been trying to convince him that it is ok for him to contact the school. The address the scool has on filed isn't good anymore as we have moved in together and live together as a family. His tuition for what schooling was completed is paid in full, as that institution requires full payment from foriegn students. I know he had the opportunity to get a SSN and/or taxpayer id number at school. He admitted that he did not obtain this because his plan was to return to Nigeria. I ruined his plan to return home, but we have gained so much more. I have absolutely no concerns about the immigration interview. We know each other well, we live as family, and everyone who knows us can see that our love is genuine.

 

I am confident that I can put him at ease enough to contact the school and get the required documents to file taxes. Thank you for your advice!

[BlackAmerican 4]

That's even better as they would want to know where he is to contact him for payment. Lol. He can just say he wants to update his contact info

https://www.irs.gov/uac/form-1098-t-tuition-statement

 

Edited January 26, 2017 by BlackAmerican

[Ontarkie 14,234]

~~Moved to AOS from Work, Student and Tourist Visas, from Effects of Major Family Changes- As the OP is looking at starting the AOS Process.~~