View Full Version : Husband is illegal, how do I file Taxes
 
 sprlost
Jan 23, 2011, 08:09 PM
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
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
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
Jan 27, 2011, 06:54 PM
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
Jan 27, 2011, 08:02 PM
Will email you separately