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Lev, Tax Advisor
Category: Tax
Satisfied Customers: 28081
Experience:  Taxes, Immigration, Labor Relations
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Can I claim an illegal alien on my taxes?

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My husband is an illegal immigrant. We have been married since 2007. Last year when I filed my taxes, I filed head of household and was never required to give his social security number. Now this year as I am trying to fill out TurboTax they are saying that it is required that I give his social. He does have a tax id number but has never claimed anything on it. He is scared that they will track him if I put that number on my claim. He did not work this year with that number - because he is not legal should I just claim single status? Thank you.
Do you live with your husband?
Are you an U.S. citizen? Did you file an immigration petition for your husband? Was it accepted? Do you have a receipt?
Do you have any dependents living with you?
Please let me know any other details you think are important.
Customer: replied 7 years ago.
Yes, myself and our daughter are U.S. citizens - both born in this country. I did file a petition for him about a year and a half ago. I do not have a receipt though; I was told it would be on file if rules ever changed in his country. We don't want my husband to get into trouble of any kind. So, we are worried that the IRS from the information maybe will come after him. Is this a possibility?

If you filed the Petition for Alien Relative I-130 for your husband - you may also apply for the Work Permit for him. That will allow him to work legally.

You may use Head of Household status. Please see the IRS publication 501 page 7 -

You are considered unmarried for head of household purposes if your spouse was a nonresident alien at any time during the year and you do not choose to treat your nonresident spouse as a resident alien. However, your spouse is not a qualifying person for head of household purposes. You must have another qualifying person and meet the other tests to be eligible to file as a head of household.

However, that would be more beneficial to file a joint tax return. Please let me know if you need any help.

Customer: replied 7 years ago.
So I would file as single for this purpose?

Yes - if you need to file quickly - you may select that you are not married based on the reference above.

However, that would be more beneficial to file a joint tax return. That way you will have additional deductions for your husband. You may apply for tax ID for him and file a tax return at the same time - but in this case you would need to mail your return - and will not be file electronically - so that would take longer to have your refund

Even if you file as Head of Household - you amend your return later - generally you have three years to claim additional refund.

If you provide your total taxable income and age of your children - I will estimate if you are entitled in any additional refund.

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