Can I file married / jointly on my taxes?

I married woman in July 2009 that does not have legal status. We are trying to get in the process of getting her a legal status if possible, but in the meantime, will it hurt our progress for me to file married / jointly on my taxes? We lived together in WI, for all of 2009, and she did not work for two reasons. She stayed home to care for our baby, and we thought best that she stop working without authorization, if we are trying to make things right. Hope this is enough info to help.

Madison, WI -

Attorney Answers (2)

Henry Daniel Lively

Henry Daniel Lively

Tax Lawyer - Costa Mesa, CA
Answered

You will need to get her a taxpayer identification number to file a joint return. The IRS encourages illegals to get a TIN and does not share the information with immigration. Then you can file as married filing jointly.

Any individual seeking legal advice for their own situation should retain their own legal counsel as this response provides information that is general in nature and not specific to any person's unique situation. Circular 230 Disclaimer - Advice given in this response cannot be used to eliminate penalties with the IRS or any other governmental agency.

Shah Iqbal Nawaaz Peerally

Shah Iqbal Nawaaz Peerally

Immigration Attorney - Newark, CA
Answered

Actually it is recommended to file joint taxes. See our legal guide on our website for marriage petitions. Please contact a good lawyer for other possible issues.

Good Luck
Shah Peerally

Founder and Managing Attorney of Shah Peerally Law Group PC
Law Firm Deals in Immigration law, Bankruptcy & Debt Relief


Note: The above answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney client relationship is created unless a retainer is signed by the attorney and the client.

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