How do I file taxes if I overstayed my visa in the US? 4 Answers as of February 18, 2011

I am petitioning my husband but I am unemployed. However, my husband came to US with J1 visa and overstayed. He is employed, paying and filing taxes as well. Should I put his income in Form I-864? Will his income affect his status due from overstaying? What should and I shouldn't file?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
You can use your husband's income in an I-864A, Supplement A to Affidavit of Support. Even though he is working illegally, if he is paying taxes properly (and your husband uses a tax EINumber, rather than a social security number or as long as he is not using another's social security number obtained by fraud), then because your husband came in legally and overstayed, then because of an anomaly in the law, you can petition and he can adjust status, and he will probably get a green card. You will probably need an attorney for this effort for sure, because of the dangers due to his overstay. If you want help, feel free to e-mail or call to set up an appointment.
Answer Applies to: California
Replied: 2/18/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
You have to be truthful anytime you fill out USCIS forms. Last thing you want to do is to hide information or lie about your past deeds. So you should be truthfully representing your tax paying experience.
Answer Applies to: Florida
Replied: 2/18/2011
Law Offices of Juan Dotson
Law Offices of Juan Dotson | Juan Dotson
You should sit down with an immigration attorney to discuss a strategy in dealing with the overstay and any other potential bars to adjusting. You should know that filing Form I-864 domestically will incur a fee (typically reviewed abroad free). Other than that, your question needs more information.
Answer Applies to: California
Replied: 2/18/2011
Marie Michaud Attorney At Law
Marie Michaud Attorney At Law | Marie Michaud
Be careful. You need to make sure your husband is not subject to the 2- year physical presence. If subject to the 2 year physical presence, he must first obtain a waiver before filing the adjustment. You can not list your husband's income because he overstay - this means he is NOT currently authorized to work. You will need a co-sponsor.
Answer Applies to: California
Replied: 2/18/2011
Click to View More Answers: