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    ksegovia's Avatar
    ksegovia Posts: 1, Reputation: 1
    New Member
     
    #1

    Jan 25, 2007, 03:16 PM
    Tax Question
    Hi,
    I just got married in July to an illegal immigrant. He is going to file papers through me to become a resident and Im a citizen . He was brought here on a plane when he was 5 years old from Mexico. His mother never took the initive to go through the process to get him a green card or other form of becoming legal.
    So that going forward how do I file my taxes this year. Ive always filed single as he has also. He does have a Social Security number and its nooone else's number and the Social Security website even verifys that's its authentic and they did send him a card.
    So that is how he works in the United States and that's how he has always filed his taxes prior years to now.
    My question is: Do I file married but jointly or married but sepretarly. And if he has a ss number does that make him a resident on paper when it asks me if my spouse is a citizen or resident.
    IF you could just get back to me Id really appreciate it.
    THank you
    Katie
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #2

    Jan 25, 2007, 07:35 PM
    Katie:

    If the SSN is legitimate, then file jointly with him. The IRS considers him a resident alien who must file like a U.S. citizen.

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