Adjustment of status

[Francy&Phil 0]

Hello,

I came to the US as an Au Pair in 2005. I met Phil last year and we fell in love. On march 29th we got married.

I'm in the US already. My Visa expired at the end of october last year and I don't know if I should leave the country or not. Can we just apply for adjustment of status? I've almost overstayed my visa by 6 months and don't want to make any mistakes.

Also... right after I stopped working as an Au Pair I got hired by a family who needed a nanny. I don't know if I can just file my tax report and count that as a real job... what should I do?

[Nancy2015 2]

Hello,

I came to the US as an Au Pair in 2005. I met Phil last year and we fell in love. On march 29th we got married.

I'm in the US already. My Visa expired at the end of october last year and I don't know if I should leave the country or not. Can we just apply for adjustment of status? I've almost overstayed my visa by 6 months and don't want to make any mistakes.

Also... right after I stopped working as an Au Pair I got hired by a family who needed a nanny. I don't know if I can just file my tax report and count that as a real job... what should I do?

You can just file adjustment of status, no need to leave the country. I figure, as an Au Pair, you had a J-1 visa without a 2 year home residency requirement. Am I right? If yes, you are fine. Your overstay will be forgiven if you marry a US citizen. Same as illegal employment.

If you had a job, no matter how much (or little) money you made, you need to file a tax return.

[Francy&Phil 0]

You can just file adjustment of status, no need to leave the country. I figure, as an Au Pair, you had a J-1 visa without a 2 year home residency requirement. Am I right? If yes, you are fine. Your overstay will be forgiven if you marry a US citizen. Same as illegal employment.

If you had a job, no matter how much (or little) money you made, you need to file a tax return.

Yes... a J-1 visa without 2 year home residency is what I had.

but how do I file the tax report for a job like that?it's not like working for a company... and does the family get in trouble when I file?

[Mags 112]

Additionally, don't leave the country. You won't be allowed back in as you over stayed your visa and will incur a possible ban. If you file for AOS however, the overstay will be forgiven.

[Nancy2015 2]

You can just file adjustment of status, no need to leave the country. I figure, as an Au Pair, you had a J-1 visa without a 2 year home residency requirement. Am I right? If yes, you are fine. Your overstay will be forgiven if you marry a US citizen. Same as illegal employment.

If you had a job, no matter how much (or little) money you made, you need to file a tax return.

Yes... a J-1 visa without 2 year home residency is what I had.

but how do I file the tax report for a job like that?it's not like working for a company... and does the family get in trouble when I file?

That's a good question. If this family knew you were not legal to work in the US, and still hired you, I assume they might get in trouble. But I know nothing about that. I would suggest consulting a lawyer.

[florida_guy07 0]

You can just file adjustment of status, no need to leave the country. I figure, as an Au Pair, you had a J-1 visa without a 2 year home residency requirement. Am I right? If yes, you are fine. Your overstay will be forgiven if you marry a US citizen. Same as illegal employment.

If you had a job, no matter how much (or little) money you made, you need to file a tax return.

Yes... a J-1 visa without 2 year home residency is what I had.

but how do I file the tax report for a job like that?it's not like working for a company... and does the family get in trouble when I file?

Did you pay federal or state taxes out of your paycheck ??? Did you get a paycheck or you just got paid cash ?

[athena_ny 1]

Hello,

I came to the US as an Au Pair in 2005. I met Phil last year and we fell in love. On march 29th we got married.

I'm in the US already. My Visa expired at the end of october last year and I don't know if I should leave the country or not. Can we just apply for adjustment of status? I've almost overstayed my visa by 6 months and don't want to make any mistakes.

Also... right after I stopped working as an Au Pair I got hired by a family who needed a nanny. I don't know if I can just file my tax report and count that as a real job... what should I do?

You have to file taxes, and need to have an ITIN or SSN to do so. So I'd get the ITIN and do so. The family really shouldn't get in trouble, because the IRS and USCIS don't really communicate - all IRS wants is their money and your legal status really isn't of any concern to them. My husband worked without authorization but with his ITIN was able to pay taxes, and his employers never got in trouble (as much as I wish they would get in trouble but that's another story altogether).

If you got paid in cash, it's going to be a little more difficult to get together your taxes - any situation like this I advise seeing someone - an accountant, or just a tax professional, to get their stuff together. Doing taxes in the easiest of circumstances can be difficult.

[Francy&Phil 0]

We have an appointment at a non-profit organization this friday. I'll see what they think...

But I will definitely not leave this country. I could not stand being seperated from my love... especially not now...

[Yodrak 7]

Francy&Phil,

Have a consultation with an immigration attorney to review the facts of your situation and get some professional advice. I suspect that you'll like what you hear.

Also talk with a tax professional about filing a tax return. Don't worry about whether the family who hired you may get in trouble, worry about keeping yourself out of trouble.

Yodrak

Hello,

I came to the US as an Au Pair in 2005. I met Phil last year and we fell in love. On march 29th we got married.

I'm in the US already. My Visa expired at the end of october last year and I don't know if I should leave the country or not. Can we just apply for adjustment of status? I've almost overstayed my visa by 6 months and don't want to make any mistakes.

Also... right after I stopped working as an Au Pair I got hired by a family who needed a nanny. I don't know if I can just file my tax report and count that as a real job... what should I do?

[Francy&Phil 0]

Thanks for all advice.

Another quick question. Will my husband need his actual tax return or can we submit transcripts? He is having trouble locating past returns after a recent move. I know he can request copies at $40 a piece but transcripts are cheaper.

[John & Annie 0]

Thanks for all advice.

Another quick question. Will my husband need his actual tax return or can we submit transcripts? He is having trouble locating past returns after a recent move. I know he can request copies at $40 a piece but transcripts are cheaper.

Transcripts are fine

[StormnRolly 0]

and free

[Killer_Clown_2009 0]

You can request a tax transcript obtained for free from the IRS (you don't need that $40.00 one, there is a free version). Now that you are married, your husband can file his tax return as married filed jointly and add you and your income to it even if you do not have have a SSN, you just need to apply for an ITIN along with the tax return.

[Killer_Clown_2009 0]

Just call them and ask for a tax transcript.

http://www.irs.gov/taxtopics/tc156.html

Most needs for tax return information can be met with a tax return transcript or a tax account transcript, rather than an actual copy of the return. The tax return transcript shows information from the return as it was originally filed. A tax account transcript shows any later adjustments either the taxpayer or the IRS made after the tax return was filed. Transcripts are provided free of charge. These transcripts may be acceptable substitutes for an actual copy of the return by the Bureau of Citizenship and Immigration Services and lending agencies for student loans and mortgages. Check with your agency or lender to be sure.

Here is the information on applying for an ITIN, if you don't have a SSN and want to file taxes jointly with your spouse.

He just includes the form W-7 with your return.

http://www.irs.gov/individuals/article/0,,id=96287,00.html

http://www.irs.gov/individuals/article/0,,id=96287,00.html

[Francy&Phil 0]

Thanks for the the Tax info we were able to request fax copies of the transcripts.

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