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Can i file single on my taxes if i am married to an illegal who has no SSN or ITIN??

Topeka, KS |

my husband has no SSN or ITIN i was told he cant get an ITIN because he has no identification, i am claiming dependents ( niece & nephews) because they lived with me most of 2012 & in 2012 my husband was away most of the year for work..please help me on this i have no idea what to do and dont want to get in trouble for fraud. i am asking this because we are in process of gettin his visa, we havent got so far yet but i was told immigration will ask for my tax returns....please help

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Attorney answers 3


this is more of a tax law question. I would change the forum for you but I cannot from my cell phone . I would encourage your husband to get his passport through his local consulate. If you are working on obtaining him some sort of legal status you are going to need identification for him in any case. With an ITI N number you could file jointly

This answer is for general information only and is not intended as legal advice regarding your specific situation. In order to assess your legal matter properly and obtain legal advice, you must contact an attorney directly. Provision of this general information does not create an attorney-client relationship.



is it illegal if i go ahead and file single?

Cassandra Ann Rodriguez

Cassandra Ann Rodriguez


I believe there is a way for a married couple to file individual returns. Honestly I would probably speak to text prepare to help you with your taxes


If you are legally married, then you should file as married, either jointly or separately. Otherwise, his immigration case might get more complicated, as you will have to explain why you filed your taxes as single when you were actually married. It's more a matter of planning ahead and accumulating evidence that will help his immigration case.

[This answer is for general purposes only; it does not constitute advice and does not establish an attorney-client relationship.]


No, you are married.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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