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    divine1rose's Avatar
    divine1rose Posts: 3, Reputation: 1
    New Member
    		  
    #1

    Feb 14, 2011, 04:27 PM
    Overstayed and married to Green Card Holder?
    I am Raj and I have a green card.In July 2009 I got married a girl, who had a B1-B2 visa and we both went back our country for a ritual marriage in Nov 28,2009.
    We came back in Jan 21 2010. She entered through her B1-B2 Visa and I did through my Green Card. Due to some circumstances,she had to overstay and she is with me now. I have a fear,if there will be any problem. My citizenship day is approaching, Sep 2011. This year,I filed my tax as a single because she didn't have any paper yet and I was so skeptical,if there will be any problem if I file jointly.
    I am really scared what is going to happen? Will there be any problem to file for her once I get my Citizenship? Please advice,if it is OK to file for her now?
    NYcityboy's Avatar
    NYcityboy Posts: 785, Reputation: 65
    Senior Member
    		  
    #2

    Feb 14, 2011, 06:42 PM

    You have tax and immigration problems.

    You misrepresented your marital status on your tax return. This may cause the USCIS officer to determine you do not have the requisite "good moral character" to qualify for citizenship for an additional five (5) years from the misrepresentation. This may compound your wife's problem, as the priority date for the FB-2A is backlogged significantly and she will need for you to be a USC to qualify for the waiver to forgive her visa overstay and unauthorized employment.

    So, your citizenship is either delayed or in jeopardy, which clearly affects your wife, as she needs you to be a USC to forgive her immigration violations.

    Do not file for her now.

    Consult with an experienced immigration attorney. This situation can be resolved. But you need to stop.
    divine1rose's Avatar
    divine1rose Posts: 3, Reputation: 1
    New Member
    		  
    #3

    Feb 14, 2011, 07:18 PM
    Comment on NYcityboy's post
    Thank you so much for the swiftly reply.It hasn't been long that I filed my tax.Is there anyway that I could amend it. I did try to file my tax jointly but as my wife didn't have social, it created some complication so I opted for filing it just single. Tax Service Provider was saying, I could apply for ITIN no. for her and I got confused because, I hadn't filed for her and thought,it might bring more complex situation.
    Please respond,if I could amend in my tax filing.Last year also,I filed my tax as single.
    NYcityboy's Avatar
    NYcityboy Posts: 785, Reputation: 65
    Senior Member
    		  
    #4

    Feb 14, 2011, 08:07 PM

    File the form SS-4 to get her an ITIN. Amend any incorrect returns immediately. If you are married, don't say you are single.

    Also, don't comment on a post, just post your response.
    lawanwadee's Avatar
    lawanwadee Posts: 3,653, Reputation: 124
    Immigration Expert
    		  
    #5

    Feb 14, 2011, 09:34 PM

    If you already filed tax for this year, you can file form 1040X to amend your tax return. Also submit form W-7 to apply for ITIN for her.
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