How do I file my taxes if married to an illegal immigrant?

The illegal alien can still submit Form W-7 to get an ITIN if he/she can provide the necessary idenification documents (best is a passport) to validate his/her identity.

You can file jointly even if your spouse is NOT located in the U.S.

But the federal government says you can not claim earned income if your spouse has a itin number which leaves the american citizen and her kids screwed.

Not quite!

You MUST claim the earned income. What they CANNOT claim is the Earned Income CREDIT.

And WHY do you have a problem with that? The illegal alien is in fact BREAKING THE LAW by being here illegally, even if he/she is married to a U.S. citizen.

If he/she IS married to a U.S. citizen, he/she needs to apply for green card status. If a child is involved, approval is almost automatic, and you CAN submit the paperwork without using a lawyer.

I know, because I DID IT for my son-in-law.