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
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.
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