have a few questions about ITIN numbers and income taxes?

Question

I have been married since july and want to file head of household, but do not want to get into any trouble because am a I technically considered unmarried because he is not a resident alien?  his money is his and mine is mine. he pays the bills in the summer I pay in the winter so depending on how long each person takes care of bills, I could take care of more than half of the expenses, My husband has an ITIN number and was informed that if we do not file together he would never be allowed papers to be here or a green card. I am looking for any answers on how true any of this is, and also why when one parent has an ITIN and one doesn't they do not qualify for EIC, all the children and myself posses a SSN he is the only one with out one. Anyone who can answer would be great!!  anyone with some experience with immigration would help, or anyone who is going through the process now.

Anonymous · Accepted Answer

Congratulations, you are married.

I take it you live in the US, with your husband and he's been here several years illegally.

The IRS doesn't care.  For tax purposes he is a resident alien.  (Illegal is not the same as non-resident, the IRS goes by days.  he meets the 183 day test, then he's a resident.)

If you lived with him at all during 7/1 to 12/31, you CAN'T file as HOH.  You CAN'T file for EIC.  

You *can* file MFJ or MFS only.

The IRS won't pass inforamation to ICE, but when you try to get a green card for him, they will check to see if all tax returns were filed and that they were filed correctly.

? · Answer

buying property in the US? are you moving to the US? what are you going to do with the property? if you plan to file income taxes in the US, yes, you will need an id that allows you to file

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have a few questions about ITIN numbers and income taxes?

2 Answers