Married with immigrant

Forum|Forum|7 years ago
March 23, 2019
1 reply
8 views

Hi, I got married in September and her visa is still active but her 6 months of being allowed in the US is expired, I’m in the process of getting her recisdency done but still have not submitted the paperwork. How should I file my taxes? The place I went to now said I cannot file married because she is here illegally since the 6 months are expired , do I file single? Can I file married? Could it affect the immigration process to say I have no been married since September? Thank you

DC-taxpayer

Level 2

As long as you have a valid marriage license, you still can file as Married, Filing Jointly. Everybody has an obligation to pay taxes, whether they are here legally or not. Your wife should obtain an Individual Taxpayer Identification Number (ITIN). See this link for information on where to go to apply for one.

https://www.irs.gov/individuals/international-taxpayers/acceptance-agent-program

I got my information from this source. You should have a look at it. Good luck!

https://www.sapling.com/10001765/tax-laws-marrying-illegal-immigrant

DC-taxpayer

Level 2

One more comment: Your wife should apply for an Individual Taxpayer Identification Number (ITIN). She can do this in person at these centers. Go ahead and file your taxes on time while waiting for the ITIN. Then you can file an amended return with her ITIN. https://www.irs.gov/individuals/international-taxpayers/acceptance-agent-program