By Debbie McGoldrick

“I AM writing to you from Ireland. I am engaged to someone who has lived in the U.S. for the past year; he has an H-1B visa. We are getting married this summer here at home. Can I get my visa beforehand, as we won’t have much time to spend on a honeymoon? Can I get it in Ireland, or can I go right to the U.S. after we marry? Also, I am concerned as I heard I will not be able to work in the U.S. Is this true? Is there anything that can be done about it?”

AS the spouse of an H-1B visa holder, you will be eligible for H-4 status after you marry. However, you must wait until you are legally wed before filing the paperwork for the visa.

You should apply for your H-4 visa at the American Embassy in Dublin before you relocate to the U.S. It is a process that takes only a few days, as your fiancée already has approved H-1B status.

After your marriage, if you were to come to the U.S. on a visa waiver or B-2 tourist visa, you’d fall under the entry fraud trap — i.e., presenting yourself as a temporary visitor, when your intent is actually to reside here on a long-term basis with your spouse. So make sure and obtain your H-4 before arrival here.

Among the items you will need to get your H-4 visa is a copy of his H-1B stamp in your future husband’s passport, other paperwork relevant to his visa, and your marriage certificate. The U.S. paperwork you’ll need to complete is DS-156, which you can easily obtain a copy of on the Internet at the State Department website www.travel.state.gov. Further information can be obtained at the U.S. Embassy in Dublin website, http://dublin.usembassy.gov/ireland/consular.html.

It is correct that H-4 visa holders are not permitted to work in the U.S. They can travel in and out of the country freely, and they are also permitted to study.

Another thing to bear in mind — when you have your H-4 you will be permitted to apply for a Social Security card, but it will be the kind that is clearly marked “not valid for employment.” However, at least you will be able to use the number to obtain a U.S. driver’s license, if you choose.

What can you do about not being able to work here on H-4 status? You have the option of seeking a U.S. employer who would be willing to sponsor you for a temporary work visa like your husband. There’s nothing preventing H-4 holders from doing that, and changing status if the quest is successful.

Tax ID Number

“I HAVE been working here for four years and haven’t paid tax. I am undocumented. I would like to get my financial affairs sorted out in case there is a law passed that will allow us to become legal. How should I start doing that?”

NUMBER one, get yourself a good tax accountant. There is no way in the world you will be able to sort your situation out on your own. Even many Americans use professional help each year to file their income taxes.

You will also have to apply for an individual taxpayer identification number (ITIN) from the Internal Revenue Service. This nine-digit number resembles a Social Security number, and allows the holder to file U.S. tax returns unimpeded. You can read about the ITIN requirements at www.irs.gov/individuals/article/0,,id=96287,00.html#what.

It takes roughly four-six weeks for ITINs to be issued. As you likely know, April 15 of each year is D-Day in the U.S. for tax returns. Good luck!