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Form I 130

Atlanta, GA |

My husband just filed for me recently as I came in to the country as an international student and didnt have permit to work... He's trying to apply for financial aid at his school and because he told them he's married they want him to bring a non filling letter from the IRS for me that I didn't file tax last yr.... We just put my papers in and haven't got a notice of receipt yet. We are worried if its safe to go to the IRS office or not... Will it affect me in anyway if we try to go get the letter? Pls help...

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Attorney answers 3


Generally speaking, the IRS and Immigration do not talk to one another. In fact, there is actually a law the stops the IRS from giving immigration status information to USCIS. Having said that, if you have your adjustment of status application filed, you are allowed to be here. Talking to the IRS should not put you in immigration jeopardy. I see no problem getting the requested paperwork from the IRS.

This general advice does not create an attorney-client relationship.


You have give enough facts for an intelligible answer; You did not, so my answer may be off in terms of what you are actually asking about. IRS has nothing to do with your papers and the rest of stuff you are talking about in your post. All of it is irrelevant for the question you ask: Should my USC husband include me in his income tax return if 1) I do not have a legal immigration status; 2) what is a no filing letter. Legal or not, if he lived with you for at least 6 month in 2012, he must file taxes with you included as his wife. Social Security is not required to do that. You can ask for IRS individual ID number for tax paying purposes

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


I agree with Attorney Segal.

Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.

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