Need opinions on what USCIS may think about our case, Thanks :)

[Shadaryia 11]

After 7 years and a lot of hard work, I finally make enough money to sponsor my husband. He came to visit me from London October of 2014 on a visa waiver. We decided to marry the beginning of January of 2015 before his flight back home end of January but he fell ill and couldn't travel. I have several concerns regarding adjusting his status I have hid him for 7 years fearing the "knock" on the door and now that I am preparing to file AOS in the next few months, I am "unhiding" him so I can prove we are really married. I am getting him an ITIN number so we can file 2021 taxes together (I always filed head of household, just myself and my kids in the past) I didn't know I could file with him not having a SSN but just learned about the ITIN. I have recently added him to the electric bill and now can use that to get him a state ID, then I can add him to the checking account. I am going to add him to the car title once I get his ID as well etc.  How important is us being on a lease together??? I am concerned because I can't add him to the lease. Landlord is very unforgiving and requires a background check (SSN) so they don't know he lives here. Where I live, every Landlord wants a SSN. Regarding other proof, our pictures are mostly of us (Him and I and my children) I have no family and his are over in London. Our friends are online because we are gamers (that's how we met). Maybe because we have been married/together for 7 years they will believe we are in a real marriage? Oh ya, I am 24 years older than him which I read was a red flag 😧 Other red flags: We are also of different backgrounds with him being Turkish, raised Muslim, born in England and myself just a Christian white girl born in Mississippi.   Thank you so much, I will be filing soon and I want to do everything right and give USCIS no reason to take him away from me.  

[SalishSea 17,836]

31 minutes ago, Shadaryia said:

After 7 years and a lot of hard work, I finally make enough money to sponsor my husband. He came to visit me from London October of 2014 on a visa waiver. We decided to marry the beginning of January of 2015 before his flight back home end of January but he fell ill and couldn't travel. I have several concerns regarding adjusting his status I have hid him for 7 years fearing the "knock" on the door and now that I am preparing to file AOS in the next few months, I am "unhiding" him so I can prove we are really married. I am getting him an ITIN number so we can file 2021 taxes together (I always filed head of household, just myself and my kids in the past) I didn't know I could file with him not having a SSN but just learned about the ITIN. I have recently added him to the electric bill and now can use that to get him a state ID, then I can add him to the checking account. I am going to add him to the car title once I get his ID as well etc.  How important is us being on a lease together??? I am concerned because I can't add him to the lease. Landlord is very unforgiving and requires a background check (SSN) so they don't know he lives here. Where I live, every Landlord wants a SSN. Regarding other proof, our pictures are mostly of us (Him and I and my children) I have no family and his are over in London. Our friends are online because we are gamers (that's how we met). Maybe because we have been married/together for 7 years they will believe we are in a real marriage? Oh ya, I am 24 years older than him which I read was a red flag 😧 Other red flags: We are also of different backgrounds with him being Turkish, raised Muslim, born in England and myself just a Christian white girl born in Mississippi.   Thank you so much, I will be filing soon and I want to do everything right and give USCIS no reason to take him away from me.  

I recommend that you hire an immigration attorney.  Doesn't seem to be a DIY case at this point.

[PaulaCJohnny 713]

How did you filed your past taxes? Married filing separate or Single?

I don’t know in Mississippi but here for me to get my State ID I needed to show my SSN, Passport and Green Card.

 

Like @Jorgedig mentioned your case is not simple and you definitely need a lawyer. 
 

UPDATE:

Looking your past posts you said that you have a lawyer. What’s his recommendations?

 

 

Edited August 15, 2021 by PaulaCJohnny

[P0907 127]

Remember that the Visa waiver is just that - waiving any right to a visa.

[HRQX 4,145]

16 minutes ago, PaulaCJohnny said:

How did you filed your past taxes? Married filing separate or Single?

OP filed taxes incorrectly since she didn't qualify for HOH filing. https://www.irs.gov/faqs/filing-requirements-status-dependents/filing-status/filing-status "No, you may not file as head of household because you weren't legally separated from your spouse or considered unmarried at the end of the tax year. To be considered unmarried at the end of a tax year, your spouse may not be a member of your household during the last 6 months of the tax year and you must meet other requirements."

15 minutes ago, P0907 said:

waiving any right to a visa.

The INA 245(c)(4) adjustment bar doesn't apply to IR of US citizen. Thus OP's husband can adjust status.

 

https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-7 "These bars do not apply, however, to those seeking to adjust status as an immediate relative of a U.S. citizen or VAWA-based applicants."

[Scandi 4,166]

5 hours ago, P0907 said:

Remember that the Visa waiver is just that - waiving any right to a visa.

Waving the NEED for a visa, ie you can travel to the US without a visa.

[edsperfect 25]

i have known a number of people tht came here on visitor visa overstayed, worked with false soc sec card, married a us citizen and after a few years hired a lawyer and filed aos and got it. best to hire an immigration lawyer for this though. the problem is hiring one that knows what he is doing.

[Shadaryia 11]

Thanks everyone for replying.  The tax filing issue that @HRQX replied with has kept me up all night stressed out that I unintentionally broke the law until I found this:  When can a citizen or resident alien, who lives with a nonresident alien spouse, file as Head of Household? There is an exception that allows U.S. citizens and resident aliens who have a nonresident alien spouse to file as Head of Household. All of the following requirements must be met: • The taxpayer is a U.S. citizen, or resident alien for the entire year. • The nonresident alien spouse chooses not to file a joint return. • The taxpayer meets the other requirements for this filing status. • The spouse is not a qualifying person for head of household purposes. The taxpayer must have a qualifying person in order to be eligible for this filing status. https://apps.irs.gov/app/vita/content/globalmedia/4491_unique_filing_status_and_exemption.pdf     

 

I have children from a previous marriage so I do qualify to file as HOH.  My immigrant husband does not work and never has and can't file taxes until we get him an ITIN number in a couple of weeks.  I have been supporting my family, the 5 of us,  all by myself for over 6 years,    It has taken me almost 7 years to finally make enough money to be able to sponsor my immigrant spouse because I have 3 children. 

 

@PaulaCJohnny   I have only talked to a lawyer a couple of times on the phone so I do not have a lot of information yet, I need to come up with $3530 before he will meet with me to start the process.  I am hoping to have all that money by the end of September and file my husband's AOS then.   I do know that we can adjust his status even though he came on a visa waiver because he entered the US legally, which I have his I-94 to prove that as well as his ESTA etc. I have been reading and researching all I can in the meantime to prepare before meeting with the lawyer, hence my questions here as I try to get help and support.    My research is how I learned about getting my spouse an ITIN, I didn't know about that and just thought since he didn't have a SSN he couldn't file taxes with me at all.   In MS where we lived for 6 years, he couldn't get an ID because he didn't have a SSN for me to be able to add him to bank accounts but luckily here in WA he can get an ID - One of the many benefits of why I moved us 2500 miles across country to WA from MS.  As well as here in WA I finally make enough money to sponsor my spouse.   Unfortunately, he needs a SSN to add him to the lease here  

 

So I am still wondering how important is it to USCIS to have a joint lease?   I can't add him to a lease here until he gets a SSN. 

 

Thanks again 😃

 

[Wuozopo 4,293]

1 hour ago, Shadaryia said:

I found this:  When can a citizen or resident alien, who lives with a nonresident alien spouse, file as Head of Household?

Your husband is a resident alien for tax purposes because he passes the substantial presence test. He has been physically present for seven years. It is tax law and not immigration law. Your choices for filing are Married Filing Joint or Married Filing Separately. He doesn’t have to file with you because he has no income, but you would have lower taxes if you filed jointly. 
 

Your problem with filing under the wrong status is between you and the IRS. You can amend your tax returns and get money. back. It is not an immigration issue other than joint tax filings would be good evidence to show you commingle finances. 

Edited August 15, 2021 by Wuozopo

[Wuozopo 4,293]

1 hour ago, Shadaryia said:

My immigrant husband does not work and never has and can't file taxes until we get him an ITIN number in a couple of weeks. 

You can’t get an ITIN on it’s own. You have to submit a tax return filing along with the W-7 (ITIN application). See the IRS page https://www.irs.gov/individuals/how-do-i-apply-for-an-itin  All three options require a new return filing being submitted. Perhaps if you do three years of amended returns and submit with the ITIN application then that will meet the tax filing part. Otherwise you would wait until you have a new tax return next year. All ITIN application tax return filings are processed at the IRS in Austin, TX.

Amending a return https://www.irs.gov/newsroom/what-taxpayers-should-know-about-amending-a-tax-return

 

1 hour ago, Shadaryia said:

So I am still wondering how important is it to USCIS to have a joint lease?   I can't add him to a lease here until he gets a SSN. 

It is just one way to prove a “real” marriage, living together, etc but not an absolute requirement. Unfortunately by “hiding” him all these years, you have failed to gather some good evidence to support your bonafide marriage.

[Shadaryia 11]

@Wuozopo  Thanks for replying.  I am extremely dismayed over all the bad decisions I have made over the last 6.5 years.  I honestly didn't know any better,  all I knew is I couldn't bare being separated from my mate.  So now, yes, I am having to deal with all those mistakes I have made while I try to get his status adjusted.  I am sad and stressed out beyond words.  I already suffer from anxiety and this situation is just horrid.   As soon as the tax people get back in their offices, (H&R block) in September,  I will talk to them about getting the ITIN number and amending my last 3 years of taxes.   I did read they only go back 3 years so I don't believe I can fix 6 returns.  Thanks again and have a good day 😃

[PaulaCJohnny 713]

@Shadaryia just some more question.

When you said that you did hide him, is just a way to express yourself or he really didn’t had a social life out of your home? 
How old was he when he came?

His family never tried to come to visit? 
Like he never went out at all?🤔

Edited August 15, 2021 by PaulaCJohnny

[JeanneAdil 6,510]

https://apps.irs.gov/app/vita/content/globalmedia/4491_unique_filing_status_and_exemption.pdf     

 

Does not apply to you

he was not nonresident alien spouse or permanent legal resident  / he was illegal after he overstayed tourist visa

and the years you were married ,  you had to file as Married 

Can a married person claim the Head of Household filing ...

https://www.1040.com › tax-guide › faq › can-a-married-...

 

To qualify for the head of household filing status while married, you must be considered unmarried on the last day of the year, which means you must: File your taxes separately from your spouse. Pay more than half of the household expenses. Not have lived with your spouse for the last 6 months of the year.

 

When Jorgedig  says "get a lawyer,  get one"

otherwise that VJ member could give you good advice

[Wuozopo 4,293]

5 hours ago, Shadaryia said:

As soon as the tax people get back in their offices, (H&R block) in September,  I will talk to them about getting the ITIN number and amending my last 3 years of taxes.   I did read they only go back 3 years so I don't believe I can fix 6 returns.  Thanks again and have a good day 😃

Correct on 3 years. There’s some specific calculation of dates but roughly 3 years. You won’t be in trouble with the IRS because you don’t owe them anything. They will actually owe you money back. Hope H&R are able to do it correctly. 

[Shadaryia 11]

@Wuozopo Thank you!!! My pharmacist gave me the number to the tax consultant she uses.  I will call them Monday.  I hope I can get my taxes amended soon so I can include them with the initial AOS papers.  Or least get the taxes amended before the green card interview
 

@PaulaCJohnny   My husband has major social anxiety so by choice he prefers to stay at home.