# how do i get around this problem.



## bigredfan100 (Oct 21, 2015)

Hi all
I have this problem and need some advice, I entered the USA 8 years ago on a visitor visa (6 monthvisa) but never returned to uk, I have since got married to a US citizen and need to work and pay taxes and all that good stuff. How do I go about making my self legal.


----------



## Crawford (Jan 23, 2011)

Your wife needs to sponsor you for a spouse visa

Family of U.S. Citizens | USCIS

and you need to retain an immigration lawyer.


----------



## BBCWatcher (Dec 28, 2012)

bigredfan100 said:


> ....and need to work and pay taxes and all that good stuff.


Just to reduce (hopefully) your problem set, Bigredfan100, do you also have a tax compliance problem? In other words, have you already been paying U.S. payroll (Social Security, Medicare) and U.S. income taxes on all your income to date? Have you filed U.S. FinCEN Form 114 to report any non-U.S. financial accounts if their total value was $10,000 or more at any point in time?

If the answers to those questions are yes, that's great -- nothing to worry about.

If the answer to any of those questions is no, you'll also need to get that problem/those problems cleaned up. It's at least hard if not impossible to get your immigration status resolved without getting your tax and financial reporting status resolved, too. As Crawford suggests, tax-related legal assistance would also be helpful.

FYI, the IRS has something called the Streamlined Domestic Offshore program that could be the most attractive option available to get your tax and financial issues resolved (if you have those issues).


----------



## Crawford (Jan 23, 2011)

If you are working illegally can you pay US payroll ie Social Security, Medicare, taxes?

Would you be doing tax returns if you are an illegal?

Would the OP have a Social Security number as an illegal - apart from a false one.


----------



## BBCWatcher (Dec 28, 2012)

Crawford said:


> If you are working illegally can you pay US payroll ie Social Security, Medicare, taxes?


Sure, it's possible, even common. The trust funds receive a lot of contributions from unauthorized workers who often can never collect benefits. That's great for everyone else enjoying U.S. Social Security and Medicare.



> Would you be doing tax returns if you are an illegal?


Sure, it's possible, even fairly common. But more commonly unauthorized workers have income tax withheld by their employers, so even if they haven't filed income tax returns -- they don't even have to if they don't meet the filing threshold -- they're still often paying income taxes, possibly too much income tax. Moreover, even if you are obliged to file, the penalty for failure to file a U.S. tax return if you genuinely owe zero tax (or are due a refund) is zero.



> Would the OP have a Social Security number as an illegal - apart from a false one.


Possibly. One of the most common ways is if he/she had a previous legal stay in the United States, as a student for example. Once issued a Social Security number you keep it for life even if your subsequent visit to the United States is an overstay. Also, occasionally the Social Security Administration issues a SSN to someone who shouldn't be getting one.

There are also many, many cases -- millions, probably -- where a child thinks he/she was born in the United States and has a dodgy birth certificate. He/she has obtained a SSN. Later, he/she discovers that that wasn't the truth and now has a surprising immigration problem to clean up. These are some of the so-called "DREAMers" -- not necessarily the original poster's situation, but it's another cohort that gets SSNs routinely.

I did not ask academic questions, and I correctly did not presume particular answers to my questions. You should not either.


----------



## Bevdeforges (Nov 16, 2007)

I think the point here is that the OP needs to work with a good immigration lawyer. Anyone worth their fees will have resources to deal with tax and other issues as part of the overall immigration concerns. The OP is hardly the first person to find him- or herself in this situation.
Cheers,
Bev


----------



## twostep (Apr 3, 2008)

Can we please return to OP's question and take the rest to the lounge or start a thread? Thank you.

OP stated that he entered the US on a visitor visa, got married and did not change his legal status for a number of years. Did I overlook anything? These situations occur. My suggestion is contacting an immigration attorney as soon as possible to get the ball rolling.


----------



## Davis1 (Feb 20, 2009)

AILA's Immigration Lawyer Search


----------



## devrixstorm (Oct 8, 2015)

If you married to a citizen of USA and paying taxes to US government then legally you will get permanent residential after fulfilling terms and conditions.


----------



## bigredfan100 (Oct 21, 2015)

devrixstorm said:


> If you married to a citizen of USA and paying taxes to US government then legally you will get permanent residential after fulfilling terms and conditions.


Not to sound stupid but what are the terms and conditions? I'm just confused and dont seem to be getting anywhere fast.:noidea:


----------



## Bevdeforges (Nov 16, 2007)

Ignore that comment. There is nothing automatic about permanent residence, whether or not you fulfill "terms and conditions." 

You really need to consult an immigration attorney. Just being married to a US citizen does NOT give you any sort of right to reside in the US. 
Cheers,
Bev


----------



## twostep (Apr 3, 2008)

bigredfan100 said:


> Not to sound stupid but what are the terms and conditions? I'm just confused and dont seem to be getting anywhere fast.:noidea:


You have gotten as much advice as anyone in a public forum can give you. Get your paperwork together, have your wife's tax returns, pictures, whatever you have including information about what you did through those years. No stories please! Contact an immigration attorney for an initial consultation. This will not go away on its own.


----------

