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How should i pay taxes if illegal, but married to USC?

Arlington, VA |

I overstayed my visa for over a year, and put into removal proceedings. I got married, in august 2012 to USC and applied for I 130 form.Its still in process . Now, my husband and I are trying to pay taxes together. I worked until august 2012 and got paid under the table (as a nanny). Since I am in removal proceedings i have an Alien number can I use that as Id number? Or do I need to file for ITIN? Also can we file it jointly or does it have to be seperatevely? Since I came here in 2008, i have never left the USA and I came on J1 visa but overstayed, and worked illegaly as a nanny. Now i am waiting to adjust my status. Thank you

I guess my biggest concern is what form to use, I know abut W-9 but what other forms should we use? Thank you for your help.!!

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Attorney answers 3


You should declare your income on your tax return. You cannot be barred adjustment of status for working without employment authorization. However, the fact that you worked and failed to pay income taxes can be grounds to deny your application as a matter of discretion. We have seen more and more immigration trial attorneys and/or immigration judges requiring proof that income tax returns were filed.

You should consult a CPA or tax attorney regarding the actual filing of the taxes. You may be able to use the social security number previously issued to you or you will need to obtain a taxpayer identification number. Your alien number is not sufficient for tax purposes. You should also file jointly with your husband, if possible, or at the very least file married filing separately.



I do have an expired social security number It says authorized with DHS so i think it expired when my visa expired. Can I still use that ? Thanks for your reply

Alexander Joseph Segal

Alexander Joseph Segal


You may be able to do so. You need to speak with a tax expert regarding these types of questions.



I appreciate your help.


File married filing jointly and you should be able to do so by obtaining a tax ID number. Your accountant can help you.

This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.


For tax returns you need either an Social Security Numbir or an ITIN.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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