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What filing status to claim on taxes?

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  • What filing status to claim on taxes?

    Does anyone know what filing status I should claim when I file my taxes. I went to H&R block and they have filed me as "Head of Household" for the past two years although they knew that I was married to an illegal without a SS#. Now my lawyer has advised I go back and ammend those tax years- said it will throw up "red flags" when our case is being reviewed at the consulate in his country. Well, how the heck do you file when your spouse does NOT have a number. He doesn't have a tax ID# either. The lawyer says those are difficult to get now anyway... Anybody know what to do in this situation?

  • #2
    Does anyone know what filing status I should claim when I file my taxes. I went to H&R block and they have filed me as "Head of Household" for the past two years although they knew that I was married to an illegal without a SS#. Now my lawyer has advised I go back and ammend those tax years- said it will throw up "red flags" when our case is being reviewed at the consulate in his country. Well, how the heck do you file when your spouse does NOT have a number. He doesn't have a tax ID# either. The lawyer says those are difficult to get now anyway... Anybody know what to do in this situation?

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    • #3
      HI ;-) You can file a W-7 for him to get an individual taxpayer identification number, no questions asked. You attach it to the front of your joint tax return, with the space for his SS# blank. They will fill in his number when they issue him one and then they will forward the return for regular processing. I will send you an e-mail with all the info you need to do this The only think they have changed is that the W-7 now has to be attatched to a tax return. Before you could just send in the w-7 and get a number. Now the number comes in a letter, not on a card.
      Have a nice day

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      • #4
        H&R block strikes again. They should start working with the misinformation center for USCIS.

        I hope you did not receive earned income credits for the years that you filed wrong as head of household... b/c if you did receive that money and you go back to amend those years... you will have to pay back that money. If this is so.. then think very carefully before you think about amending those returns as your attorney suggested. Its not his pocketbook.

        Gluberine has given you correct advice for this year's return. The other alternative is to file married filing seperate. This would be legal. What it will allow you to do later is to amend the return to a joint return and receive full benefits if your husband would get a soc sec. # within 3 years of filing this 2003 tax return. Under this scenario he would not have to apply for the ITIN.

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        • #5
          Gluhbirne,
          Could you sent me the info too. I have the same problem.
          markyzka@azet.sk

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          • #6
            SURE, I MAY NOT GET AROUND TO IT UNTIL THIS WEEKEND, BUT I WILL DEFINATELY FORWARD YOU THE INFO THAT I SEND TO RAUDEZ I GOT THE INFO BY CALLING THE IRS 1-800 #. THE MAN I TALKED TO WAS VERY NICE AND GAVE ME A LOT OF INFO.
            Have a nice day

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            • #7
              I called them too. The lady was very nice too, but she was not sure so she switch me to somebody else and there was just ringing and ringing.
              Thanks. No rush. I have nothing but time.

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              • #8
                Thanks for the advice guys! And of course I DID get earned income credit . I've already filed this year (made too much for the earned income credit for 2003 Thank God!) H&R block really fixed me! I would've done whatever they advised. They were SUPPOSED to know what to do. Live and learn "cosas de la vida". Thanks for offering to forward info Gluhbirne. Doyou think it's gonna matter how I filed my taxes when it really comes down to it? The attorney says it makes an alert on the validity of the "relationship".

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                • #9
                  I don't think it would be that big of a deal. This year is the first year that I did it. The only reason that we did it is so that my income will be above the poverty line. I only work 30 hours a week and last semester I was only working 20, so I don't meet the line by myself. Last two years I filed Married filing single.
                  Have a nice day

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                  • #10
                    I agree with Gluhbirne. My lawyer told me that it shoudn't matter. You never know for sure. I filed for last 4 years as single. Thay just want to see that you are above the poverty line and if not you would need a sponsor.

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                    • #11
                      I sent a w-7 Form to my wife in China to sign. She is sending it back tomorrow. Filing a Joint return will increase my refund substantially. Enough to go back and visit her and plus enough for her and our sons Medical Exam, Visa Fee's and Plane tickets to the Good Old USA. But still looking at 7-8 more months wait..

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                      • #12
                        So, how long has your wife been there already? I have heard of people having to wait as long as 18 months. I am hoping it is not that long! What all has happened since she's been there? I am anxious to know any info so I can be prepared when it's time for us to go through this!

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                        • #13
                          Need some help on taxes. I have filed for a asylum and have been given a date in July 2004 for individual hearing my wife was holding a H1b me and the kids H4 anyway my wife left the company and i applied for asylum when i went for my registeration they took my passport.

                          Now me and my wife want to file our taxes but i don't have a TIN number and i can't apply for one as i don't have proof of id because my passport is with the BCIS my wife has social security card and my kids have the TIN number.

                          I recently went to the IRS and they told me that in order to get a TIN i need to bring in my wife along with me and the W2 and the IRS will do our taxes.

                          Anyway i called the Advocate tax service and they said they will try to help me to get a TIN.

                          My question is this if we go to the IRS with the W2 will they inform the INS about us working illegally and inform our employers.

                          Please advise

                          Thanks

                          Ed
                          I am not a lawyer nor do I claim to be one so please double-check any information given by me, or anyone else for that matter, with a certified (immigration)lawyer before you take any further steps

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