Hello my name is Marilyn and I filed taxes with my husband in 2007 , I am applying to give my husband papers.. His appointment to the U.S embassy of honduras was on December1,2008 Everything went great.. The only problem is that they state that I must amend my taxes? I wonder why? My husband says that they said that I was not supposed to file with him.is that true? [email protected]:confused:

Marilyn:

If your husband was an illegal alien, then technically, you should not have filed a tax return with him. However, even though he was an illegal alien, if he earned income in the U.S. he had the legal obligation to pay income taxes and file a tax return despite his illegal alien status.

However, if he was living in Honduras, and he CHOSE to be treated as a resident alien, he could file jointly with you. His physical location in such a case is irrelevant.