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    marilynsolano's Avatar
    marilynsolano Posts: 1, Reputation: 1
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    #1

    Jan 2, 2009, 09:12 AM
    Married to a illegal immigrant (Filing taxes)
    Hello my name is Marilyn and I filed taxes with my husband in 2007 , I am applying to give my husband papers.. His appointment to the U.S embassy of honduras was on December1,2008 Everything went great.. The only problem is that they state that I must amend my taxes? I wonder why? My husband says that they said that I was not supposed to file with him.is that true? [email protected]:confused:
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #2

    Jan 2, 2009, 11:28 AM
    Marilyn:

    If your husband was an illegal alien, then technically, you should not have filed a tax return with him. However, even though he was an illegal alien, if he earned income in the U.S. he had the legal obligation to pay income taxes and file a tax return despite his illegal alien status.

    However, if he was living in Honduras, and he CHOSE to be treated as a resident alien, he could file jointly with you. His physical location in such a case is irrelevant.

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