ITIN# for illegal spouse?

My husband did not have a legal visa when he entered the US, thus we are still unable to legalize his status.

Would I be able to claim him as a dependent on my income tax return-- if he applies for an ITIN# will the IRS question his status and cause problems with the INS?

Thanks for any advice.

If he is your husband, how he is illegal. Did you file I-130 for him or not yet. You can claim his as dependent and apply for his ITIN#. But it would be better to consult some Accountant or Accounting Company.
Good luck.

My husband and I were married after 245i expired--that's why we haven't been able to legalize his status yet.

you are right, you will not be able to adjust his status since he entered without inspection. and yes too, you can get an ITIN for your husband so you can claim him on yur tax.

UMESH, i do read the posts you put up, but if you do not have the right answer, please do not post it as it could mislead people who are looking for guidance! I know that you are only trying to help, but you cannot help if you give wrong informations.

To someone who do not know how to write his name or who has forgotton his own name. I have read this post and did not see any wrong information provided by umesh. He has just said that she can claim her husband as a dependent and should contact some Accountant. There is nothing wrong in it or misleading.
If you have knowledge and devote time for this board, you are always welcome to post your opinions. People may benefit from your advise also.
Good luck my friend.

If he is your husband, how he is illegal. Did you file I-130 for him or not yet. You can claim his as dependent and apply for his ITIN#. But it would be better to consult some Accountant or Accounting Company.
Good luck

THIS IS THE POST OF UMESH. READ AND LEARN!

To ,,,,,,:
There is difference between spelling or gramatic mistake in sentences and A WRONG ADVISE. I have read your posts also where you have made some spelling mistakes. Do you mean that those of your posts be considered WRONG ADVISE.
God Bless America.

In Illigal Entry/without inspection entrance, You cannot file I-130 because it requires the proof of entry( unless you qualify for 8 C.F.R Section 245 Sub (i).
I don't know what base He (Umesh) has to ask for I-130 as it was clearly stated that entry was illigal.
If alien apply for I-130 without the evidence of Entry ,it will be big mess , he will be deported , may be expidite removal with Bag and baggage notice. He cannot even go for de ponte, even if he has prima faciablity of marriage.
So above post advise is completely wrong. Accountant/CPA May or may not have Knowladge about illigal immigrant Or the eligiblity of ITIN, so answer is not effective for someone to put him to write direction either.