How Do I File My Taxes If My Husband Does Not Have A Social Security Number? Do I File As Married/joint, Married/separate, Or Single?

So? If you are married and your husband has an ITIN # and you have dependents are you enitled to all your return including all the deductions and child tax credits? Do you just use the ITIN # for his social security #?

My husband is not a US citizen. I am filing married/separate; but Turbo is asking for a ss number for him.  What do I put in that area?

I'm having a similar issue, I got married in October 2010 to an illegal immigrant who overstayed.  We have legitimately filed papers with the Uscis to adjust his status.  But haven't even gotten our biometrics appointment yet.  Its tax time, and he still doesn't have a ss number nor the papers to apply for one.  My income and his 0 income together would make us eligable for the earned income tax credit.  How do I get it since he doesn't have a ss#?  Should I apply for a non-authorized-to-work SS# for him? Should I file as single since we've only been married for 2 months out of the 12 in 2010? Or try to get an extention on filing taxes in the hopes of getting his status changed legaly?  I'm well below the poverty line, and he hasn't worked at all because we both fear getting in trouble for working under-the-table. I really need the EITC to help pay for my last year in college.  HELP!!!!!

OK, well I am also in a similar  situation with my wife who is currently in her process of applying  for an immigrant Visa, and my newly born son (born abroad outside of  the U.S.) still does not have his passport. But this is what I have  to offer, and I would like to hear an expert's opinion on what I have  to say:    1) First of all there is no law that  requires a legal resident or citizen to even have a S.S. Number.    2) Secondly, according to IRS  Publication 17    www.irs.gov/publications/p17/ch01.html#en_US_2010_publink100    You will read at the bottom under  penalties that failure to supply a S.S. Number only results in a $50  penalty per instance (so say $100 penalty for failure to supply one  for my wife and son). BUT, then it also says just below that "You  will not have to pay the penalty if you are able to show that the  failure was due to reasonable cause and not willful neglect."    I would think that in my case not  having S.S. Numbers for my wife or son would qualify as "reasonable  cause." Wouldn't you?    In any case, paying a $50 penalty is  nothing compared to taking their deductions as dependents. And I  think this scenario would equally apply to many of the other people's  cases described here as well.    So what do you experts say to that?

I am in the same situation and would love to file joint, but it requires a social security number which my husband does not have yet. He is not even living here yet. But I am married. Either way (jointly or separately) it asks for his social security number and will  not finish filing until I give a legitimate one. Would his passport number work?

My spouse and I do not live in the U.S. I am a citizen but he is not. I was told to file married-separately, and in the spot for the ssn, write NRA, as in non-resident alien. I don't know what you do if both of you live in the U.S. But you don't have a SS yet. Maybe file for an extension?

If you file taxes together you will loose all of your earned income credit that you are entitled to. Have him get an ITIN number and go file taxes separate otherwise you will loose out on all your return. And for Fd Jones he is here illegally because they will not let him in this country legally. And he pays taxes just like you but he does not receive his tax return instead the government keeps it and gives him an ITIN number to keep on filling his taxes. Last year there was millions of dollars in unclaimed taxes because mostly everybody that is here illegally will not file taxes out of being scared of the IRS. The IRS has nothing to do wit immigration , they don't care, if they did they would not give you a number to file taxes.

You can file Head of Household if your husband doesn't have a ssn and is not working. You are allowed to file this if you make the most money.  And you can still get your earned income credit.

Well it does not mean that if person is not eligible for SSN , he is illegal. For e,g if your spouse in on your dependant visa (H4 , L2 etc) he/she is not eligible for SSN and still legal.

I am going through the same and we have the ITIN number and he filed his taxes last year.
Some like to always be so rude and defensive.
Apparently the US knows they are here illegal and working, if not they would not have the government issue ITIN's for people who could not get socials.
So let's review this:
Who can not get a social security number?  Anyone who is illegal
Who gives the "illegal" an ITIN number? US dept. Of Treasury
What is an ITIN number? ID number to be used for tax purposes only.
 
I hope you work things out.  Have you talked to a tax consultant?

you should be thankful he doesn't have a SSN, no SSN means no tax liability

I think if I was you I would file a separate tax return and file as married. Don't claim any income that he has earned, just yours and don't claim him on your return. If your husband is a legal resident he needs to get a social security number and file also, the IRS will catch up soon and he can get into serious trouble.

I am currently on a Working/Holiday visa in Australia. I am getting married next week to an Australian citizen. Also, we are expecting our first child. He will be born here in Australia, but I am filing for having a baby over seas. My question is; how do I file my taxes back in the U.S. When my husband is an Australian citizen. We do not plan on moving to the States, but I still have to file this years taxes next year. I will be working on getting a Spousal Visa for here in Australia as soon as we are married and have all documents in order. Just unsure of how to file everything.

I got married at the end of last year and moved to Australia but still need to submit my taxes.  My husband is an Australian citizen and does not have a ssn nor planning to apply for one because we don't live in the US.  What can I do?

Must file joint. You are eligible, he isn't. He must apply for an ITIN using form w-7. This is a tax id number for individuals that CANNOT get a Social security number.

Just because you do not have a social security number does NOT necessarily mean that you are illegal here in the US.  My husband and I got married legally with a fiance visa about 3 months ago and we are still waiting on his greencard.  The whole process from securing the fiance visa to getting the greencard is about one year, and he will not have a social security number until he gets his greencard.  Although this is a special circumstance I'm sure there are plenty more reasons why someone doesn't have a greencard besides being here illegally.