Should I file taxes jointly with my illegal alien husband? 4 Answers as of January 21, 2011

My husband has the 10 year ban and he did not wait and is back in the US. Should we file taxes together?

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Law Office of Michael E. Hendrickson
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
Bad idea.
Answer Applies to: Virginia
Replied: 1/21/2011
William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | William C. Gosnell
No you should not file taxes jointly with him.
Answer Applies to: Tennessee
Replied: 1/19/2011
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
He is obligated to pay taxes on his income regardless of his status. If he does not have a social security number he needs to file W-7 with the tax return to get an ITIN number. I have not heard of this filing being a reason for ICE to pick him up but no guarantee they won't share data in the future.
Answer Applies to: California
Replied: 1/19/2011
Calderón Seguin PLC
Calderón Seguin PLC | Ofelia L. Calderon
The law requires that married people file their tax returns as married, whether separately or jointly. If your question is whether the IRS will be contacting ICE, I doubt it at this point. I just don't believe the two agencies are communicating enough for that to happen. On the other hand, if your illegal husband has the ten year ban and re-entered illegally again, it may not matter because he will be subject to what some call the "permanent" bar meaning it may be impossible for him to ever get legal status in the U.S.
Answer Applies to: Virginia
Replied: 1/19/2011
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