AOS and taxes

[Melissas2003sn6 0]

Hello,  me (sponsor) and my wife just got married late last year we tried to get her a social security but the office messed up, it delayed the dates and now she is not eligible for a social security until she applies for AOS work permit, travel permit etc.

We have not sent the forms I-864 yet or anything else that goes with it because I have been unemployed unfortunately. It's been almost 5 months since we married, she is still considered legal here right? ( I am from US she is from Mexico)
One last question, can I claim her on my taxes from 2021 or do you recommend it?  She entered the US with the K1 visa in Sept 2021.

Thank you in advance I appreciate you guys.

[powerpuff 6,702]

4 hours ago, Melissas2003sn6 said:

It's been almost 5 months since we married, she is still considered legal here right?

No. Once her I-94 expired (and without pending AOS), she’s out of status and subject to deportation.

 

4 hours ago, Melissas2003sn6 said:

One last question, can I claim her on my taxes from 2021 or do you recommend it?  She entered the US with the K1 visa in Sept 2021.

You must file as married. You can file Married Filing Separately (MFS) since it’s not required to have an SSN to file MFS. The US citizen tax payer will need to hand write “NRA” in the SSN field. Which means you cannot e-file, you’ll need to mail it in. 

Edited March 19, 2022 by powerpuff