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    JCampos23's Avatar
    JCampos23 Posts: 1, Reputation: 1
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    #1

    Jan 30, 2010, 07:41 AM
    How to file taxes if married to an illegal immigrant
    How do I file my taxes if married to an illegal immigrant?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Feb 25, 2010, 01:27 PM
    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.
    ambmore's Avatar
    ambmore Posts: 1, Reputation: 1
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    #3

    Feb 13, 2012, 09:35 AM
    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.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #4

    Feb 13, 2012, 10:07 AM
    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.
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