felicia32
Nov 11, 2006, 05:40 PM
My husband has been living in the US for 16 years and is still illegal. Can he clain earned income on his taxes with an ITIN?
AtlantaTaxExpert
Nov 12, 2006, 03:40 PM
Has he been filing his tax return every year? Are YOU a U.S. citizen?
felicia32
Nov 12, 2006, 07:45 PM
He has only claimed one time and was told he could not get EIC
AtlantaTaxExpert
Nov 13, 2006, 03:41 PM
I have already answered via e-mail, but let me expound.
He is no longer illegal because he married to you, a U.S. citizen. He is still undocumented, but I addressed that in the e-mail.
You need to file jointly and apply for an ITIN with Form W-7. If he has not filed for 2003, 2004 and 2005, he needs to file for these years. Excess taxes for any year prior to 2003 cannot be refunded by law.