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Thread: What filing status to claim on taxes?

  1. #1
    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. #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?

  3. #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

  4. #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.

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

  6. #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

  7. #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.

  8. #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".

  9. #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

  10. #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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