My husband and I have been married for 15 year, I am a US citizen he is not. He is a non resident Alien. He never did his papers. Now this year filing for taxes our personal tax extension were rejected because they say his SS card does not match the tax papers. Now the SS number he has is a card number he is not allowed to work on (most likely) he has also lost his card a long time ago. The SS office can not give him a replacement card because they require Citizen ship or status in order to do so. He is no looking into getting a ATIN number in order to be able to file taxes and extensions. With this number is he eligble to receive any tax credits? Is it better for me to file as separate? or should he file a 1040NR, for non resident Alien?
Please consult your accountant.
This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. Consult with a qualified attorney before making any legal decisions. Gen Kimura, (832) 247-6932.
This should be posted in the tax forum
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Repost in the tax section, not an immigration question.