Filing taxes wife has itin?

My wife has a itin number and when i file my taxes it wont allow the EIC credit. What should i do should i file single or jointly married? She doesn't work she takes care of my two babys.

?2012-10-21T15:21:04Z

Favorite Answer

Married filing separate.

Docar2012-10-22T02:39:02Z

Your screwed dude!
Both you and your wife are required to have SSNs.
You also are required to file married filing jointly.
The question is why does your wife have an ITIN and not an SSN?

ibu guru2012-10-21T23:57:52Z

If your wife is legally present in US, she should have SSN. Since she does not have SSN, bit ITIN instead, one can only conclude she is an illegal alien. Illegal aliens are not eligible for EIC or EITC. You cannot file as single since you are married - that would be fraud. Filing jointly, your household is not eligible for EIC or EITC, and filing for it constitutes tax fraud. Married filing separately means your wife has to file separately, and your deductions are halved.

Moral of the story: never marry an illegal alien. There is no way to legalize an illegal alien. She has no choice but to return to her country of citizenship. Once there, she can apply for your immigration. If those kids are hers, they have a birthright to citizenship in her country - she can get them passports & take them with her. If the kids are yours from another relationship, and have no birthright to citizenship in your wife's country, there could be a serious problem with immigration for the children.

Moral of the story: never marry an illegal alien.

Anonymous2012-10-21T23:01:40Z

she should not have an ITIN if legal