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Husband is illegal, how do I file Taxes

Asked Jan 23, 2011, 07:09 PM — 4 Answers
I married my husband who is illegal in 2010. I have no idea what this ITIN is or what a W-7 form is. He has no passport only a birth certificate and ID from his country. Can I file as married filing single? I need to be able to claim my student loan interest and I think I can only do that as filing jointly but he really shouldn't exist in the states. We have an immigration lawyer and are in the process of getting him a visa.....please help!

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AtlantaTaxExpert's Avatar
AtlantaTaxExpert Posts: 19,887, Reputation: 3728
Senior Tax Expert
  
#2

Jan 27, 2011, 03:19 PM


He needs a second form of ID in order to get the ITIN.

I recommend that you wait for the visa, then submit it with the birth certificate and Form W-7 to get his ITIN.
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rach200513's Avatar
rach200513 Posts: 1, Reputation: 10
Junior Member
  
#3

Jan 27, 2011, 04:58 PM
I too am married to an illegal immigrant. I filed single but married. How is the visa status coming along? I haven't found any lawyer to help us and we have a baby together. They want him to go back to mexico and keeps telling me he will be banned. If you can help me with some info I would appreciate it. Rach200513@yahoo.com
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sprlost's Avatar
sprlost Posts: 2, Reputation: 10
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#4

Jan 27, 2011, 05:54 PM
Comment on AtlantaTaxExpert's post
Quote:
Originally Posted by AtlantaTaxExpert View Post
He needs a second form of ID in order to get the ITIN.

I recommend that you wait for the visa, then submit it with the birth certificate and Form W-7 to get his ITIN.
We don't know when the visa is going to go through, could take years we're told. What do I do for this tax year?
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AtlantaTaxExpert's Avatar
AtlantaTaxExpert Posts: 19,887, Reputation: 3728
Senior Tax Expert
  
#5

Jan 27, 2011, 07:02 PM


Will email you separately
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