Filing taxes, no ITIN nor SSN.

[KayandBee 2]

Hey guys

Wife and I are finally getting around to submitting the AOS packet. I am out of status currently and have been since July and we haven't been hurrying with it as I am chronically ill and don't plan on working anytime soon or going out of country. My medical is expiring soon so we wanted to start gathering documents that show proof of our relationship for the packet so maybe I wouldn't have to do another medical.

We've been using my wife's checking account for all purchases and hadn't felt the need to add me to it, thus we never applied for a SSN nor an ITIN. It is now time to file taxes, which I'd need one of these for. It is also about time we open a joint bank account for proof and for future ROC if all goes well so I'd still need one (Wells Fargo supposedly would let us open an account though). We never really thought about it because we've had a lot going on, car crash, emergency room visits, her getting fired for missing work because of a kidney stone, looking for a new job just to name a few and we just kept putting everything off and didn't want to think about it. 

So what do we do? I'm out of status and it is the IRS I'd be filing my application to (I think) and I don't want to get in any kind of trouble. We could just not do either, but her leaving me out on taxes would look really bad on top of us already only using her bank account. All we really have to show for proof is me on our apartment lease, which we took time putting me on as well because the thought of getting into trouble for being out of status is scary. 
 

[Crazy Cat 42,031]

I STRONGLY suggest you file the I-485 as soon as possible.  If you are out of status, you are technically subject to deportation.......that should be a larger concern than your tax status, imo. There are no benefits to waiting to file the I-485.   If you do not have a SSN (which you should have done by now), you can apply for an ITIN when you file taxes.  See this link for instructions:  https://www.irs.gov/individuals/international-taxpayers/taxpayer-identification-numbers-tin

[KayandBee 2]

I don't know how to reply, but the reason we've been waiting is because we heard (aren't 100% sure and it's probably always subject to change) that if we are married I can not be deported and that some people have stayed out of status for years without problems. We've also had so much going on and were exhausted, we are now trying to get back on track and are gathering the documents necessary for AOS. We just wanted to ignore it because it was easy and we know it's not ideal at all.

Would my status affect anything when applying for ITIN? Just don't want to get in trouble for that like a week before actually submitting the AOS packet.

Edited January 17, 2020 by KayandBee

[Crazy Cat 42,031]

5 minutes ago, KayandBee said:

that if we are married I can not be deported and that some people have stayed out of status for years without problems.

You were misinformed....Being married to a US citizen provides NO protection from deportation....none......Yes, some people wait years without issues...but why wait? There are no advantages to being out of status...none..... Take a look at what COULD happen:

 

 

No effect on your applying for an ITIN at all.

Edited January 17, 2020 by missileman

[KayandBee 2]

Thanks for the help, I'll get the ITIN. And I already mentioned multiple times that we are just about to file it, not sure what more I can say. 

[JFH 12,191]

*~*~*moved from “K-1 fiancé visa process avd procedures” to “tax and finances”*~*~*

[Wuozopo 4,293]

@KayandBee

 

Your topic seems more about AOS proofs than taxes, but since it's been moved to the tax forum, I will answer that part. You have not worked in the US, nor received US income. You have no income to tax so do not have to be on a tax return this year (2019 taxes). Your wife can file Married Filing Separately. One less hassle for you to worry about (ITIN).  Don't worry that the USCIS will frown on this. Your spouse lists your name anyway on her MFS return. In place of a SSN or ITIN, she writes NRA, meaning Nonresident Alien. So that is evidence she claimed to the IRS that she 1) is married and 2) her spouse is you. 

 

Meanwhile, get a joint bank account. Apply for AOS with your marriage certificate as your proof of marriage. Then add to your proofs in the months leading up to your interview so you have something to show at that time. You don't have to build a big packet prior to applying.