what do you think-illegal alien

[Pacun]

he is from Italy if that means anything to you re;soc sec number....I am just doing the return as per the attorneys request for a return.

Then he never had a work authorization and that's why he has an ITIN.

[Pacun]

please don't be so literal, of course its the clients decision, I should have send I would strenuously object to their request to file jointly. If the immigration lawyer says he wants joint then I will change her withholding to make sure there there is a balance due. [yes with her permission]. I can't decide for the client but I can decide what is best and advise accordingly.

and this is not a green card marriage, they have a 16 month old child and from what I can tell they are in love. [maybe a little less now that their savings to buy a house is going to the attorney]. Remember that the wife, the us citizen works in my office so I see and hear their interactions daily in person and on the phone.

Then, you know you are dealing with honest people that they will work their way out of the child support mess.

By the way, people make babies (sometimes) and fall in love for a green card, it happens all the time, but I hope this doesn't apply to your client. TIME will tell.

[Pacun]

ITALIANS have a visa waiver. If they want to come to the USA, they get their Italian passport, buy a ticket, show their passport to Immigration and they are welcomed to the USA. They can go and come back as many times as they want. When they come here, Immigration asks them how long they will stay and then Immigration allows them certain time to stay here. "Renewing' this status, means that you have to go outsite the USA and come back again. At no point they get a work authization and that's why they have to marry someone so they can become a Legal Permanent Resident. If they have not being married for 2 years at the time of the interview, they get a conditional "green card" with 2 years expiration. After 3 years of being married to a USA citizen and being a green card holder, then they can apply for USA citizenship.

So, the attorney is not applying for citizenship yet, regardless of how many years they have been married.

[michaelmars]

thanks Pacun. he is 34 and been here since he was 14, don't know who he was living with. I don't know if he was married before or not but he had a kid a few years ago. He also has a child with his current wife whom he married when the baby was born but they were living together for at least 2 years prior to the baby and marriage.