spouse doesn't have social security number (split topic)

[aaron2020 11,651]

11 minutes ago, Paul & Mary said:

He isn't able to obtain the Coronavirus $1,200 credit and his SSN and Medicare don't count until he becomes an LPR.   EITC and FUTA credits aren't henerally allowed.

 

Items requiring a social security card is not allowed with just an ITIN.

 

She was commenting on your point that you were surprised the IRS had not chimed in and cracking down on the illegal use of the ITIN.  Your statement was factually wrong.  The purpose of the ITIN is for people who don't qualify for an SSN.  It's so the IRS can get paid.  So, there is no illegal use of the ITIN. OP's husband is using his ITIN for it's intended purpose.  

Working illegally is a different issue.  The IRS is not empowered to enforce employment laws.  The IRS's purpose is to get paid.  

Edited October 30, 2020 by aaron2020

[aaron2020 11,651]

20 minutes ago, MRosario10 said:

Paul, how is he using it illegally if the purpose of receiving the ITIN is for people who do not have a  U.S. Social Security number, that’s including undocumented  immigrants, or am I wrong?  For them to pay the Federal Taxes? 

You're correct on this.  Your husband is using his ITIN for the purpose for which it was granted.  There is no illegal use of an ITIN here.  

[belinda63 3,022]

A few things to consider here.

1. Your spouse is working illegally which will be forgiven as the spouse of a US citizen when he applies to adjust status. But his income cannot be used to sponsor him.

2. You said his employer gave him an I-9. What category was checked for it to be completed? If they marked him as a US citizen this could be a major issue.

3. You will need to follow the guidelines for filing the 1-130/I-485 concurrently to get him a green card based upon your marriage. Since you don't work and his income can't be used you will need a joint sponsor with sufficient income for their family and your spouse.

[Lucky2Lucky 2,526]

18 hours ago, MRosario10 said:

I figured I wouldn’t be able to sponsor him. Can he apply on his own without a sponsor? He doesn’t have any family here?

You are his family. You would be the sponsor and have to find a joint sponsor that can cover the cost of the household- you said children- how many of there are you? 

[Chancy 6,239]

18 hours ago, MRosario10 said:

His employer provides him with an I9.

 

How was that possible?  What document did your husband show that he was authorized to work?

 

As a previous poster said, if there was any claim of being a US citizen, that could bar your husband from ever being able to stay in the US legally.

 

[Gomast 65]

11 hours ago, belinda63 said:

A few things to consider here.

1. Your spouse is working illegally which will be forgiven as the spouse of a US citizen when he applies to adjust status. But his income cannot be used to sponsor him.

2. You said his employer gave him an I-9. What category was checked for it to be completed? If they marked him as a US citizen this could be a major issue.

3. You will need to follow the guidelines for filing the 1-130/I-485 concurrently to get him a green card based upon your marriage. Since you don't work and his income can't be used you will need a joint sponsor with sufficient income for their family and your spouse.

You said that working illegally would be forgiven when he applies to adjust status. So what’s the purpose of waiting for EAD if it’s forgiven?

[Chancy 6,239]

28 minutes ago, Gomast said:

You said that working illegally would be forgiven when he applies to adjust status. So what’s the purpose of waiting for EAD if it’s forgiven?

 

Because law-abiding employers would want to see an EAD before hiring an alien pending AOS.

 

[Bob in Boston 666]

47 minutes ago, Gomast said:

You said that working illegally would be forgiven when he applies to adjust status. So what’s the purpose of waiting for EAD if it’s forgiven?

You will also be asked who you worked for. (We were) if you lie to protect your employer you can get denied. Your employer will also stand a chance to get in trouble.

Edited October 30, 2020 by Bob in Boston