What do you need to file taxes Married to an illegal alien?

I am trying to help my sister with her taxes, she got married in 2009, he is not a resident alien, he does not have an authorization to work in the U.S. I have read on several other sites that she can file MFJ and that he has to have an ITIN as he does not have a SSN, However, they can not get the EIC and with both of their jobs being low income, this would probably give them a small return if any, first off does she have to file with him? can she file alone? (not married filing seperatly, but not claim him at all?) If she has to file with him either way she can not take the EIC can she? I tried to ask a tax professional and they could not explain the answers to me, I checked the IRS website and there are special rules that apply to being a resident alien and non resident and how you can determine this. Any answers or suggestions on where I can find this information would be helpful. Thank you

P.S please no rude comments about her being married to a non resident alien, everyone makes there choices and I am just trying to help her.

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  • Anonymous
    1 decade ago
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    ITIN is not problem to get file a W7 form. Right now on the 1040 they can use Applied for in the SSN space and attach the W7 to the 1040.

    She is married on the last day of the tax year, so married for tax filing purposes. She has only 2 choices MFJ or MFS. YES no EITC. They both have to have SSNs plus a few more EITC rules to claim on MFJ. No EITC on MFS as well.

    I am sure he will want residency/citizenship, so no time than the present to file properly. It would be a bad mistake to improperly file EITC.

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  • 3 years ago

    the marriage is legal, as that's not a state regulation yet rather a federal regulation, so same regulations be conscious. confer with an Immigrantion lawyer. approximately financial disaster, that's recommended to place a carry on that as they are going to ask you to instruct which you would be able to help your spouse/husband. If the unlawful is submitting or financial disaster, confer with immigration lawyer, till now you're taking any step added.

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