You need to complete form W7 and submit that with your tax return, leave the space for his SSN bllank. the IRS will process the W7 and issue him an ITIN number then they will process your return. You need to submit the required documentation with the application as it is listed on the instructions to the W7
http://www.irs.gov/pub/irs-pdf/fw7.pdf
The IRS does not contact INS concerning illegal status, but your husband should get his act together to get legal status.
2007-03-16 00:34:59
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answer #1
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answered by Anonymous
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Publication 17 Your Federal Income Tax For Individuals
page 7 Taxpayer identification number for aliens.
If you or your dependent is a nonresident or resident alien who does not have and is not eligible to get a social security number, file Form W-7, Application for IRS Individual Taxpayer Identification Number, with the IRS. For more information, see Social Security Number, later.
(in the publication)
page 9 Aliens
Your status as an alien--resident, non-resident or dual-status---determines whether and how you must file an income tax return.
The rules used to determine your alien status are discussed in Publication 519, U.S. Tax Guide for Aliens.
page 132 Chapter 20. Standard Deduction
If you are a nonresident alien who is married to a U.S. citizen or resident alien at the end of the year, you can choose to be treated as a U.S. resident. (See Publication 519, U.S. Tax Guide for Aliens.) If you make this choice, you can take the standard deduction.
2007-03-16 06:45:32
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answer #2
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answered by birdwatcher 4
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My question is why haven't you gotten a visa for that person? It would be no problem for you to get one. I used to work for an agency that helped people get thier Visas. You could have gotten one even before you were married, its called a fiance visa and its good for 6 months, finally I would stop using the term illegal alien because it implies that you believe that the persons status is one that is criminal, I would call the person undocumented. Now finally or your question about the tax return you CAN NOT have a dependent that does not have a social security number, if you do and you'r audited its a felony (remember the days when people listed their pets?). Do right and get this person their visa, if you need guidance where to go e-mail me with and tell me what state you live in. Don't get in trouble, not getting papers for your spouse will make it harder for her to get papers if she is found her illegally. She may have to go back to her home country and then reenter once the visa is granted
2007-03-16 07:08:11
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answer #3
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answered by fl_lopez 3
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Your spouse is not a dependent. Your spouse is a nonresident alien or resident alien. Your spouse needs an ITIN or SS card (which would not be valid for employment) in order to you to file a return with him on the return.
The IRS does not verify whether the person is legally in the US or not.
2007-03-16 02:56:49
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answer #4
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answered by ninasgramma 7
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With out a SSN, you can't put any one on your tax return. An illegal immigrant cannot have a SSN
2007-03-16 03:36:43
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answer #5
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answered by lilly j 4
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