Get your taxes done using TurboTax

If legally married the filing status on the tax return can only be Married Filing Jointly or Married Filing Separately.  Since you do not have a Social Security number or an ITIN issued by the IRS and assuming that the tax return will not be filed with an ITIN application, Form W-7, the return can only be filed as Married Filing Separately NOT as Single.

 

Additionally, from the IRS website for Economic Impact Payment FAQ's - https://www.irs.gov/newsroom/economic-impact-payment-information-center-topic-a-eip-eligibility-and-...

 

 

A14. Pursuant to a preliminary injunction entered in Scholl v. Mnuchin, No. 20-cv-05309 (N.D. Cal. Sept. 24, 2020), appeal docketed, No. 20-16915 (9th Cir.),  the IRS cannot deny a payment to someone who is incarcerated if they meet the criteria described above in the response to Q A1.   Information can be provided to the IRS by using the Non-Filers: Enter Payment Info here online tool by November 21, 2020.  Or, you may mail us a 2019 simplified paper tax return following the procedures at File a Simplified Paper Tax Return by the court-ordered deadline of October 30, 2020.

The government has filed an appeal and request to stay the preliminary injunction.  Any updates regarding the appeal will be posted on this webpage.

 

https://www.irs.gov/newsroom/file-a-simplified-paper-tax-return