My spouse has been in the United States for 10 years and overstayed a visitors visa. We have been married for 3 years and have two children together. For 2011 tax year I filed as head of household b/c my spouse does not have an SSN and it requires one even when filing as married filing seperately. Now it's the 2012 tax year and I found out my spouse can use an ITIN, however, I understand this cannot be done w/an expired passport. The country my spouse is from has changed its name so the process to get a new passport is estimated to be 5-6 months. I wonder if filing as head of household will cause problems w/grn card app even though we have many ways to prove this is a bonifide marriage - kids, utilities, dr office visits etc . My hope is when grn card/SSN is issued, taxes can be ammended
Tax forms are only one way of proving a bonafide marriage. If you have children together and evidence of shared finances, you should be OK. You might want to see an article I wrote on this subject. Best of luck.
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I agree with my colleague. It is important for you to have other evidence of your bona fide relationship, and it seems like you have that. You should also be prepared to explain why you are filing separately at your interview if the issue comes up.
My colleagues addressed the tax issue.
I have a greater concern. If you've been married for 3 years ... why haven't you filed for his green card yet?
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