Overstay from J1: Must immigrant file taxes to show tax returns for AOS?

[valkener 0]

Hello,

 

I'm a US citizen and I filed my taxes all properly and legally. I am about to be engaged to an overstay (she came on J1, not subject to 2 year rule). She filed taxes for 2 out of the last 3 tax years, but for the last year she did not since she overstayed her J1. 

 

Will she be required to submit her tax returns? In that case she might have to file late for this year, but also we are a bit worried about putting her address, etc since her current status is that she is an overstay. I just want to be prepared as best as we can. She is from a high fraud country (PH).

Edited July 10, 2017 by valkener

[WandY 430]

K-1 visa has nothing to do with her income. It's all about your income. However, you need to get a handle on some legal issues that may become problematic. So, she was in the U.S. illegally (overstay) and working (illegally) and did not report income? Might be time to hire a competent lawyer and federal tax CPA.

[valkener 0]

Yes that's why I am here, to get some advice. Should she file taxes for last year? All the other years she filed. But not last -- could this become problematic?

 

We do plan on hiring an immigration lawyer soon, but the question about taxes is perhaps one we can answer and deal with now?

Edited July 10, 2017 by valkener

[mr-mrs-hdc 23]

Hey,

 

her taxes will not be an issue in the AOS process. As her over stay and illegal work would be 'forgiven' because she is now married to a US citizen. 

 

The I-864 Affidavit of Support is hinged on your financial / tax background. 

 

She should only file for when she was working Legally.

 

I dont think it will become problematic, aslong as when she is legally allowed to work again that she file her taxes for her Authorized work. 

 

 

Edited July 10, 2017 by mr-mrs-hdc

[CEE53147 559]

Even individuals illegally present and working without authorization are required to file and pay income tax.  For those without a Social Security number, an ITIN number should be requested and used. Payment of required taxes and immigration enforcement are not linked; payment  of taxes for illegal work will not alone trigger immigration enforcement action.

[Usagi_tsukino 89]

You'll be fine. I filed taxes every year, but no one cared. They only cared about me and my husband filing together after we got married. I have a friend who didn't file any taxes (both of us overstayed J1) and she was fine. Better than me in fact haha.
(By the way i filed every year even when i had no work permit - you are allowed and actually supposed to do that, i had a ssn but as was mentioned above ITIN can be obtained)

[valkener 0]

On 7/11/2017 at 1:52 PM, banana_princess said:

You'll be fine. I filed taxes every year, but no one cared. They only cared about me and my husband filing together after we got married. I have a friend who didn't file any taxes (both of us overstayed J1) and she was fine. Better than me in fact haha.
(By the way i filed every year even when i had no work permit - you are allowed and actually supposed to do that, i had a ssn but as was mentioned above ITIN can be obtained)

Hey, so they cared that you and your husband did file together? ok undersandable

When you filed when you had no work permit ,what did you file then? Since you didn't have a w2, I assume. and what home address? these are important questions. thank you! :-)

[Usagi_tsukino 89]

1 hour ago, valkener said:

Hey, so they cared that you and your husband did file together? ok undersandable

When you filed when you had no work permit ,what did you file then? Since you didn't have a w2, I assume. and what home address? these are important questions. thank you! :-)

I had a w2. Every year I received a form from my employer just like everyone else. And I used my home address, yes.