Filing Taxes when Your Spouse is Undocumented and Works Illegally

By Alex Oware on 06/24/2015 10:00 PM

Question: I am married to an illegal alien

1.      How do I file my tax returns?

2.      Should I file MFS since spouse does not have ITIN?



1.      Legal status does not affect filing status. A taxpayer married to an illegal alien must still file as a married individual. It could be MFS or MFJ, and in some cases HOH

2.      According IRS Pub 1915 page 10, "undocumented aliens" can  get ITINs

You are required to file a U.S. Federal income tax return or qualify to be listed on another individual’s tax return as a spouse or dependent, you must have either a valid SSN or an ITIN. If you are an undocumented alien and cannot get a SSN, you must get an ITIN for tax purposes. Remember, having an ITIN does not:

  • Give you the right to work in the United States
  • Change your immigration status, or
  • Entitle you to the Earned Income Tax Credit or Social Security benefits.
  • Beginning January 2013, new ITINs will now be issued for a five-year period rather than an indefinite period.
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***Disclaimer: I am a tax accountant and a CPA , but I am not your accountant or advocate (Unless you have signed up to my services). This communication is not intended as tax advice, and no tax accountant -client relationship results**