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?

Answer:

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 to Pub 1915; page 10, “undocumented aliens” can  get ITINs
3. If 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, 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.
• Entitle you to claim the Child Tax Credit
• Entitle you to claim the Coronavirus Stimulus Check , even if you filed jointly with a US citizen who has a valid SSN