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New Member
posted Jun 4, 2019 1:02:56 PM

My husband was deported but already had a social security. Can I still use his same number to file taxes jointly? would this affect the earned income credit?

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5 Replies
Level 15
Jun 4, 2019 1:02:57 PM

Was the SSN legally obtained?

New Member
Jun 4, 2019 1:02:58 PM

Yes he was here legally as a permanent resident but got deported September 2015. not sure if I need to request an ITIN or ok to use his SSN he already has.

Level 15
Jun 4, 2019 1:03:00 PM
Level 9
Jun 4, 2019 1:03:01 PM

You can still claim the earned income credit, if you meet all the other tests, and you are a citizen or a resident alien. You can also file jointly, but then, of course, you will be taxed on your worldwide income, include amounts your husband made after he was deported. If you file separately, you may not claim the EIC.


New Member
Jun 4, 2019 1:03:03 PM

SO CAN I USE HIS SSN STILL?  AND DO I NEED TO SEND A STATEMENT THAT WE CHOOSE FOR HIM TO BE TREATED AS RESIDENT FOR TAX PURPOSES?