Hello,

I am a US citizen married to a non US citizen who is not out of status. His passport and student visa is expired and only legal form of identification is his drivers license.

Well I filed taxes this year, and because he doesn't have a SS# I filed single. I later found that I needed to apply as married and enter an ITIN... that a W7 should have been filed.

The problem with that is, what if he is ineligible to receive an ITIN, based on being out of status and documents being void at this point. His green card situation is complicated at this point, where he being married to me a US citizen will not help the situation, so he can't just simply apply for a social security number.

What should we do? I want to file an amended return, but how do I do this with no ITIN for my husband, assuming that he won't be eligible for one?

Thanks!

Hello,

I am a US citizen married to a non US citizen who is not out of status.

I meant to say that he is NOW out of status... Sorry

Amend the return to file jointly, and apply for the ITIN using his birth certificate and the driver's license.

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