Skip to main content

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?

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.

+ Read More

Attorney answers 3

Posted

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 relationship.]

Asker

Posted

Thanks! So I won't get any sort of penalty because we're only getting the tax ID or SSN in 2013 not 2012?

Fernanda Nunes Hottle

Fernanda Nunes Hottle

Posted

I don't think so, but maybe a tax attorney would be more appropriate to answer that question. Tax IDs are released so people may file taxes. Since you only married your husband in 5/2012, this would be your first time filing taxes after marrying him. I don't see why any kind of penalty would apply. > -- Fernanda N. Hottle THE HOTTLE LAW FIRM, LLC P.O. Box 829 Fayetteville, GA 30214 Voice: (404) 590-2445 Fax: (866) 205-8223 E-mail: fernanda@hottlelaw.com ------------------------------------------------- CONFIDENTIALITY NOTICE: This message and all its attachments may contain legally privileged and confidential information intended solely to its addressee. The reading, distribution, copying, or any other use of this message and its attachments is strictly prohibited. Additionally, this communication is not intended as legal advice and should not be construed as such.

Posted

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 attorney to discuss your individual case.

Posted

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 information provided here is for educational purposes only and is not intended as legal advice for a particular matter. This response does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult an attorney.