I got married in 05/2012 to an illegal alien. We filed an 485 for him in Oct. Can I file my taxes as married?

Asked over 1 year ago - San Francisco, CA

We are still waiting on judgement. Assuming he clears, we'll need to get his SSN. If we get that by April 15, can I file my taxes as married or do I have to claim head of household? We have a child. My husband doesn't work as he's a stay-at-home dad.

Attorney answers (3)

  1. Evan A Nielsen

    Contributor Level 18

    2

    Lawyers agree

    Answered . Yes, you file as Married.

    Evan A. Nielsen is licensed to practice law in California and handles federal tax matters throughout the U.S. The... more
  2. Fernanda Nunes Hottle

    Pro

    Contributor Level 14

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    Lawyers agree

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    Answered . You can and should file taxes as married. Even if your husband still doesn't have a SSN, he may request a tax ID number from the IRS. Filing as married will also help with your application. Generally speaking, you should only claim as head of household if you're single.

    [This answer is for general purposes only; it does not constitute advice and does not establish an attorney-client... more
  3. Stephen D. Berman

    Contributor Level 20

    3

    Lawyers agree

    1

    Answered . If he is eligible for adjustment he can get a work permit and social security. Regardless you may file as married since you are in fact married.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an... more

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