Filing Taxes when Your Spouse is Undocumented and Works Illegally
Question: I am married to an illegal alien
- How do I file my tax returns?
- Should I file MFS since spouse does not have ITIN?
- 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
- According to Pub 1915; page 10, “undocumented aliens” can get ITINs
- 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
***Disclaimer: I am a tax accountant and a CPA licensed in Massachusetts , 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**