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    soxgrl's Avatar
    soxgrl Posts: 4, Reputation: 1
    New Member
     
    #1

    Jan 22, 2008, 06:33 AM
    Citizen married to alien
    Just got married in Nov, trying to file taxes but since my husband doesn't have a SSN, they rejected my Married Filing Seperatly return, through Efile. He has never gotten a refund back due to his stituation. He now gets a 1099 as "Self-Employed" Married Filing Separately is the best road so I don't have to pay. But what do I do? Do we file an Itin and file with both taxes and file one and then the other? Help
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
    Uber Member
     
    #2

    Jan 22, 2008, 10:37 AM
    I'd like to know just how he can get a 1099 sent to him without a SSN for starters. Honey, you married him knowing full well he was an illegal alien with no SSN. Suggest you get him a for real SSN and stop playing games with the IRS.
    soxgrl's Avatar
    soxgrl Posts: 4, Reputation: 1
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    #3

    Jan 22, 2008, 10:39 AM
    Quote Originally Posted by twinkiedooter
    I'd like to know just how he can get a 1099 sent to him without a SSN number for starters. Honey, you married him knowing full well he was an illegal alien with no SSN number. Suggest you get him a for real SSN number and stop playing games with the IRS.

    You can help you you fall in love with and there is not playing games with the irs. I have always filed my taxes and so has he. Its not his fault he is in the situation he is in. has been here for 20 years, was brought as an infant.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #4

    Jan 22, 2008, 11:58 AM
    Again, why does he NOT have a for real SSN? 20 years means nothing. That means he's had 20 years without any kind of identification? I'm sorry, I'm not buying it.

    If he had a for real number with the IRS you certainly can file jointly.

    And please do not use all caps as you are considered yelling. Thank you.
    soxgrl's Avatar
    soxgrl Posts: 4, Reputation: 1
    New Member
     
    #5

    Jan 22, 2008, 12:04 PM
    Quote Originally Posted by twinkiedooter
    Again, why does he NOT have a for real SSN number? 20 years means nothing. That means he's had 20 years without any kind of identification? I'm sorry, I'm not buying it.

    If he had a for real number with the IRS you certainly can file jointly.

    And please do not use all caps as you are considered yelling. Thank you.
    You don't know the situtiation nor the circumstances, as it is none of your business. I was just looking for a solution.

    Get over your CAPS situation. I have to write in caps all day at my job, it is force of habbit.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #6

    Jan 23, 2008, 01:20 PM
    Soxgrl:

    There are a number of ways to deal with this issue.

    First, your husband can apply for an Individual Tax Identification Number (ITIN) by submitting a Form W-7 with his return (or with joint return if you want to go that route).

    OR

    You can re-file your MFS return by mail and print where his SSN goes the words "non-resident alien".

    I recommend filing jointly. For one thing, once he files such a return, he has taken the first step to being recognized as a resident alien who is married to a U.S. citizen.
    soxgrl's Avatar
    soxgrl Posts: 4, Reputation: 1
    New Member
     
    #7

    Jan 23, 2008, 01:24 PM
    Quote Originally Posted by AtlantaTaxExpert
    Soxgrl:

    There are a number of ways to deal with this issue.

    First, your husband can apply for an Individual Tax Identification Number (ITIN) by submitting a Form W-7 with his return (or with joint return if you want to go that route).

    OR

    You can re-file your MFS return by mail and print where his SSN goes the words "non-resident alien".

    I recommend filing jointly. For one thing, once he files such a return, he has taken the first step to being recognized as a resident alien who is married to a U.S. citizen.

    Can we do Married Filing Separately?? Because we are still filing as a married couple? Because he is getting 1099 as a Self Employer therefore we are going to have to pay taxes.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #8

    Jan 23, 2008, 09:32 PM
    You are going to have to pay the taxes EITHER way. It has been my experience that filing jointly USUALLY results in a lower tax.

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