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Filing a Tax Return When Your Spouse Works Unlawfully

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  • 12-26-2015, 02:11 PM
    justiceneal90
    Filing a Tax Return When Your Spouse Works Unlawfully
    I just married my wife in april 2015. She moved from mexico when she was only 3 and never renewed her visa. Now 20 years later we are married. She has been working under a fake social security number and has never filed taxes herself, but already has an itin # due to her parents claiming her on ther taxes as a child. When doing my taxes this year how should I go about doing them ie. Filkng jointly or seperatly. Should she start filing her own taxes after all these years? What could the repercussions be to starting to file taxes after having worked for so long and never filing?
  • 12-26-2015, 02:13 PM
    Dogmatique
    Re: Newely Married to an Illegal Mexican and Need Help Filing My Taxes
    She needs to be concerned about the fake social security number. If it were me, I'd high-tail it to an attorney to discuss my options and the possible ramifications of past actions.
  • 12-26-2015, 02:41 PM
    Mr. Knowitall
    Re: Filing a Tax Return When Your Spouse Works Unlawfully
    If she entered under a valid visa and you are a U.S. citizen, you and she should consult an immigration lawyer about the possibility of adjusting her status based on your marriage.
  • 12-26-2015, 04:00 PM
    adjusterjack
    Re: Filing a Tax Return When Your Spouse Works Unlawfully
    Yes, she needs an immigration attorney right now. Otherwise she risks jail and/or deportation. And you should both stay off the internet and tell no one about any of this except an attorney.
  • 12-26-2015, 06:42 PM
    Taxing Matters
    Re: Filing a Tax Return When Your Spouse Works Unlawfully
    Quote:

    Quoting justiceneal90
    View Post
    I just married my wife in april 2015. She moved from mexico when she was only 3 and never renewed her visa. Now 20 years later we are married. She has been working under a fake social security number and has never filed taxes herself, but already has an itin # due to her parents claiming her on ther taxes as a child. When doing my taxes this year how should I go about doing them ie. Filkng jointly or seperatly. Should she start filing her own taxes after all these years? What could the repercussions be to starting to file taxes after having worked for so long and never filing?

    You did not say in what state you and your wife live. That will make a difference here because if you live in a community property state it may need to be handled a bit differently than a non-community property state. You and your wife need to file accurate tax returns and pay the tax that is due for 2015 and going forward. Your wife also needs to file returns for past years, too. Note that filing returns with the IRS will not automatically result in her immigration status being revealed to ICE. Federal tax law prohibits the IRS from making that disclosure. ICE would have to already have reason to believe your wife was illegal and make a specific request for her tax information for the IRS to provide ICE that information. Of course, if ICE already knows or suspects she’s illegal then she’ll have to deal with the immigration issue sooner or later, and failing to file and pay the taxes she owes can work against her in immigration proceedings.

    I suggest that she consult an immigration attorney to see about getting a legal immigration status in the U.S. based on your marriage. I suggest that the two of you consult a tax attorney about handling the tax matters. This is one circumstance in which I do not recommend any other type of tax professional (enrolled agent or CPA) because your conversations with those other tax professionals are not covered by the attorney-client privilege and the more limited privilege for tax professionals under federal law does not protect from disclosure any information about criminal matters, which could include illegal immigration.

  • 12-26-2015, 09:44 PM
    Disagreeable
    Re: Filing a Tax Return When Your Spouse Works Unlawfully
    Under no circumstance should you file jointly with your wife and commit fraud with the IRS. She has many of her own criminal issues that you should not drag yourself into. She should consult both a tax lawyer and an immigration lawyer to correct her mess.
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