You can work and Pay tax without EAD

[Minori 111]

32 minutes ago, Jorgedig said:

Marriage does not confer any immigration benefit.  It is not legal to work in the United States without a authorization (EAD).   

 

Friend may file taxes as MFJ with ITIN.

I don’t think she can file with her husband jointly because she run away from him and they can’t talk properly about that. And she has SSN. So I wonder if she files her tax without EAD, file separate from her husband and SSN? That doesn’t make sense since she doesn’t have EAD. Her lawyer said she would file as a sole proprietor, but usually need to get GE as sole proprietor… so the lawyer told her about those things only form one side as an immigrant lawyer but I don’t think she knows about tax things. I’m a sole proprietor and file tax by myself so I know better than her at least lol

Edited July 22, 2022 by Minori

[arken 4,197]

if she is working illegally but still want to pay taxes, she definitely can. Why is it related to her immigration though? 

 

 

 

 

[davidvs 337]

6 hours ago, Crazy Cat said:

All of that is false.  I do not believe an attorney would say that.....

I'm always amazed by how much faith people have in lawyers. 

[Minori 111]

13 minutes ago, arken said:

if she is working illegally but still want to pay taxes, she definitely can. Why is it related to her immigration though? 

 

 

 

 

Because her immigrant lawyer said that. 

[Minori 111]

3 minutes ago, davidvs said:

I'm always amazed by how much faith people have in lawyers. 

I know, right? I know they consider immigration and tax separately but still, I wouldn’t say that kind of thing if I can’t provide information published officially even if the client asked and need money.. I would say, “I don’t recommend that you work without EAD”. 
 

[SalishSea 17,829]

1 hour ago, Minori said:

I don’t think she can file with her husband jointly because she run away from him and they can’t talk properly about that. And she has SSN. So I wonder if she files her tax without EAD, file separate from her husband and SSN? That doesn’t make sense since she doesn’t have EAD. Her lawyer said she would file as a sole proprietor, but usually need to get GE as sole proprietor… so the lawyer told her about those things only form one side as an immigrant lawyer but I don’t think she knows about tax things. I’m a sole proprietor and file tax by myself so I know better than her at least lol

She needs an EAD to be able to work, full stop.

 

The ongoing VAWA thread here may be helpful.

 

With her SSN, she can file taxes.

[Demise 1,283]

10 hours ago, Minori said:

So that means IRS lets people work illegal, right? That’s why I want to know the link that provides if it’s official thing or not. 

IRS doesn't care if you are legally authorized to work in US, IRS also doesn't care if your income comes from illegal sources, only thing IRS cares about is that they get their cut.

 

That being said, can you legally work without an EAD as a spouse of US Citizen? No. At the same time however unauthorized employment doesn't prevent you from getting adjustment of status. Do I recommend doing so? No.

[Minori 111]

The lawyer said to my friend that there is a limit hours or amount that you can work/make, so my friend will get the exact answer anyway. 

 

I think it depends on how interpret the law and the situation. The lawyer usually can’t tell you to recommend illegal but it must be something in gray zone. 

[Crazy Cat 41,857]

1 hour ago, Minori said:

The lawyer said to my friend that there is a limit hours or amount that you can work/make, so my friend will get the exact answer anyway. 

 

I think it depends on how interpret the law and the situation. The lawyer usually can’t tell you to recommend illegal but it must be something in gray zone. 

Nope.  Are you sure this is a licensed attorney?  There is a limit before you must REPORT income.  But no one can legally work without proper authorization.  Please ask the "attorney" to join us here. 

Edited July 22, 2022 by Crazy Cat

[EmilyW 1,437]

Another question that comes to mind: illegally working is forgiven for the spouse of a US citizen, but is it forgiven in cases of VAWA / separation / divorce?

 

I don't know.  Just putting it out there.

[Rocio0010 5,579]

33 minutes ago, Minori said:

think it depends on how interpret the law and the situation

Working without proper authorization is illegal. Black or white, no room for interpretation (otherwise everyone would interpret the law as they wish).

[SalishSea 17,829]

1 hour ago, Minori said:

The lawyer said to my friend that there is a limit hours or amount that you can work/make, so my friend will get the exact answer anyway. 

 

I think it depends on how interpret the law and the situation. The lawyer usually can’t tell you to recommend illegal but it must be something in gray zone. 

IRS and USCIS are completely separate agencies.   IRS has nothing to do with immigration.

 

There is no “gray area” when it comes to work authorization.   The law is well spelled out.

 

Anyone filing VAWA needs to be especially careful about their choices when it comes to maintaining status and adhering to laws and rules……

Edited July 22, 2022 by Jorgedig

[mitzab 285]

On 7/22/2022 at 12:02 PM, Minori said:

Thank you for the reply everyone here. The friend came here with K1 but she’s preparing for VAWA with her lawyer now. So she lives in a shelter and can’t work but she wants to sell her handmade things so she asked the lawyer, then her lawyer told her like that. I am also came here with K1 and working on Vawa, and I asked about a lot of things such as EAD, tax return and so on here on Visa journey since I started K1 but I’ve never known that even though some guys here are really knowledgeable about immigration laws and things. That’s why I want to make sure if it’s true and need to help the friend about tax return if she can earn money. I said her she should’ve get the link about the information from the lawyer if it’s true, otherwise it would be completely illegal. I know IRS and USCIS is different but I heard some people report others work under table here my states which has a lot of Japanese people which are secretly betray other Japanese friend. The friend and me don’t want to do something illegal. I will make sure her layer about that anyway. 

 

Preparing for VAWA and application being granted are two separate things, once the application for VAWA is approved you still have to file for i485 and file for EAD.

 

I think your friend misunderstood what the legal opinion was, (NOT THAT I CARE ABOUT LAWYERS AS THEY LIE OUT OF THEIR TEETH) and if a lawyer suggested to your friend that she can work while her AOS, EAD etc are pending its absolute rubbish.

 

There is a process and everyone has to go through the process.

 

As a lot of educated members here have mentioned that IRS don't care where you got the money from, so yes if she chooses to work illegally and pay taxes on illegal income, they will take the taxes. But it will backfire tremendously and will jeopardize your friends legal status in USA.