My wife has been using a fake social number to work and now we are applying for a green card

[geowrian 22,338]

1 minute ago, gs91 said:

@Rusty72 the thing is she is not claiming to be someone else, she is not using the ssn for anything else but for work.

It's not a matter of stolen identity...it's a potential matter of false claim to citizenship.

[gs91 1]

@JFH No, I didn't see the papers but I believe in her. She is a good person. I'm here to ask for help, not for her being judged. Thanks.

[gs91 1]

@geowrian I get it, thanks.

[TNJ17 1,329]

11 minutes ago, gs91 said:

@TNJ17 No, she never claimed to be a citizen anywhere else or anything. The only time she used the fake social was for work that she has been for 4 years. We are looking for a good immigration lawyer. Thank you!!

 

Employment paperwork asks if you are a citizen or not. If she claimed to be one in at least one of them she’s in trouble. 

[gs91 1]

@TNJ17 the problem with that is she asked her boss for it but he said he didn't have her application anymore and she doesn't remember if she marked it or not. 

[TNJ17 1,329]

9 minutes ago, gs91 said:

@JFH she is with the same company for 4 years, since she got here. 

 

@Rusty72 the thing is she is not claiming to be someone else, she is not using the ssn for anything else but for work.

Yes she is. By using a social security number that doesn’t belong to her she is claiming to be someone else in the eyes of the law. Your main issue here is with immigration right now whether she has claimed on employment paperwork to be a US citizen. It’s just a box on a piece of paper so that’s your most pressing issue is to find that out. She will be forgiven for anything else she’s done due to being married to you for immigration purposes except for claiming to be a US citizen. If she has that comes with a misinterpretation charge and a lifetime ban to the United States of America. Criminal charges will be an issue with identity theft if that social number she’s been using belongs to someone else. And that will be an issue when she files for naturalization down the road with good morale. If she makes it that far. I would advise to first find out if her employment paperwork has the tick for US citizen on it. Also you said she files taxes, they ask about citizenship on there too. If she claimed to be one on there she’s done. 

[JFH 12,191]

12 minutes ago, gs91 said:

@JFH No, I didn't see the papers but I believe in her. She is a good person. I'm here to ask for help, not for her being judged. Thanks.

I understand that. But it's very important. A false claim of citizenship is a lifetime ban. She doesn't remember and the employer can't find the paperwork...something doesn't add up. 

[TNJ17 1,329]

4 minutes ago, gs91 said:

@TNJ17 the problem with that is she asked her boss for it but he said he didn't have her application anymore and she doesn't remember if she marked it or not. 

It’s not just in the application. They will have it on any paperwork they keep on her to tax purposes and employee checks. 

[JFH 12,191]

How was she paid? Cash, check, or direct deposit? It's possible she's used the fake/stolen SSN to open a bank account. 

[gs91 1]

@JFH I get it, it's all so frustrating! Her boss knows that she is illegal so he might throw her file out in order to not get in trouble because of her. But thank you for your help.

[geowrian 22,338]

Mildly unrelated, but was she filing taxes on her income? Did she use an SSN there as well?

[gs91 1]

@JFH she is paid by check and she opened her bank account with her passport and there is no ssn in there. We went together to double check everything. 

@geowrian she filed taxes with the ssn but made a real itin number in order to filed them. 

[gs91 1]

@TNJ17 I will tell her to look more into that. 

 

[JFH 12,191]

So did she complete a W8-BEN for the bank? 

[gs91 1]

@JFH no, she never filed that form. She is only allowed to have a debit card because she doesn't have a ssn in the bank.