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    sprlost's Avatar
    sprlost Posts: 2, Reputation: 1
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    #1

    Jan 23, 2011, 08:09 PM
    Husband is illegal, how do I file Taxes
    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!
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Jan 27, 2011, 04:19 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.
    rach200513's Avatar
    rach200513 Posts: 1, Reputation: 1
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    #3

    Jan 27, 2011, 05:58 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. [email protected]
    sprlost's Avatar
    sprlost Posts: 2, Reputation: 1
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    #4

    Jan 27, 2011, 06:54 PM
    Comment on AtlantaTaxExpert's post
    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?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #5

    Jan 27, 2011, 08:02 PM
    Will email you separately
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