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Rebecca9999 · Mar 10, 2009, 02:27 PM

My friend is a Canadian here in the US on a student visa (F-1). She originally entered the US in 2004 with a J-8 visa and switched to the F status in Jan 05. She is graduating in May 2009 and engaged to be married to a US citizen in the summer 09.

In 2008, she worked "illegally" at a bar (for cash ONLY). However, her boss DID have her SSN (which has a stamp on it that says "authorized to work only with DHS authorization"). In March 2009, she received a 1099 in the mail claiming she earned "$661". The only proof he has that she ever worked there is a form she filled out with her personla information, but she NEVER received any pay stubs, checks, etc.

She's never had to file taxes before on her F-1 status. Now, that she has this appartent income, she is unsure whether she should file. She is no longer makign ANY money under the table etc, and $661 as an annual income is too little to owe any taxes on ANYWAY, so should she file taxes and risk them noticing that her SSN is not authorized for work, or should she just continue, as always, to not file anything and wait to graduate, and then get married? It's hard to imagine that she will face any ramifications before she is due to graduate---but can this come back to haunt her when she gets married? Her marriage is totally legit and to a US citizen...

DCcityboy · Mar 10, 2009, 02:40 PM

Your friend needs to look at the tax and the immigration issue. Check with a tax preparer to see if she is required to file a tax return with this amount of tax liability. If she is not required by law, then don't file.

For immigration, she should note her unauthorized employment on the form G-325 and the immigration violation waived under section 245(a), based on marriage to a USC. It is important that she discloses this, as she could be denied if she doesn't since this is a misrepresentation under penalty of perjury when she signs the AOS forms.

Rebecca9999 · Mar 10, 2009, 02:43 PM

Originally Posted by DCcityboy

your friend needs to look at the tax and the immigration issue. check with a tax preparer to see if she is required to file a tax return with this amount of tax liability. if she is not required by law, then dont file.

for immigration, she should note her unauthorized employment on the form G-325 and the immigration violation waived under section 245(a), based on marriage to a USC. it is important that she discloses this, as she could be denied if she doesn't since this is a misrepresentation under penalty of perjury when she signs the AOS forms.

Thanks---just to clarify though---is the G-325 form and 245 (a) thing something she'll have in the future? Like when she is going through the actual marriage process? She doesn't know what this is right now.

Rebecca9999 · Mar 10, 2009, 02:46 PM

Originally Posted by Rebecca9999

Thanks---just to clarify though---is the G-325 form and 245 (a) thing something she'll have in the future? Like when she is going through the actual marriage process? She doens't know what this is right now.

Oh, and also, while I do agree that if the penalty for not reporting unauthorized employment is perjury, is it likely that she would get caught anyway? If so how?

Rebecca9999 · Mar 10, 2009, 02:50 PM

Originally Posted by Rebecca9999

oh, and also, while I do agree that if the penalty for not reporting unauthorized employment is perjury, is it likely that she would get caught anyway? If so how?

Sorry---one for thing, I looked up form G-325 and noticed the section where one is required to fill out the last 5 yrs of employment etc. Technically though, isn't a 1099 issued when you are not an "employee" per say?

DCcityboy · Mar 10, 2009, 03:12 PM

The G-325 and the I-485 are some of the forms she will fill out when she is applying for permanent residence based on her marriage to a USC.

The G-325 should be noted with all employment, there is no distinction of "self-employed." if she chooses to make that distinction, she must put herself down as her own employer. Don't need to complicate matters.

She may never get caught, but omitting this is a material misrepresentation as viewed the USCIS officer as it "cuts off a line of inquiry" relevant to her eligibility for the benefit sought.

All these will be forgiven on the filing by her USC husband. If she doesn't list, the Service cannot forgive the violation, and she will be making a material misrepresentation by omission.

Confirm this with an experienced immigration lawyer or certified specialist. Good luck.