BulldogTom Posted March 4, 2010 Report Share Posted March 4, 2010 Sorry if this sounds basic. Don't do many of these. TP is married to an illegal immigrant who has ITIN. 4 kids. I know they can elect to file MFJ, but they would lose the EIC. Can he file HOH, and claim 5 dependents (4 children and spouse)? Spouse does not work. Thanks Tom Lodi, CA Quote Link to comment Share on other sites More sharing options...
Eli Posted March 4, 2010 Report Share Posted March 4, 2010 Sorry if this sounds basic. Don't do many of these. TP is married to an illegal immigrant who has ITIN. 4 kids. I know they can elect to file MFJ, but they would lose the EIC. Can he file HOH, and claim 5 dependents (4 children and spouse)? Spouse does not work. Thanks Tom Lodi, CA Only choice is MFJ & MFS. Either way they don't qualify for EIC. Kinda hard, but thats the way it's set up. I'm not sure that a spouse can be a dependent. If she's in the process of getting her status legalized & gets a SSN then I believe you can go back & amend the return. Eli Quote Link to comment Share on other sites More sharing options...
BulldogTom Posted March 4, 2010 Author Report Share Posted March 4, 2010 Thanks Eli. Quote Link to comment Share on other sites More sharing options...
Pacun Posted March 4, 2010 Report Share Posted March 4, 2010 Regardless of anything, a spouse can never be a dependent of the other spouse, but they can file MFJ or MFS. If she is in the process of getting a green card, you should file him MFS for now and then file MFJ when she gets her SS number. Remember that HOH if only available if they didn't live together for the last 6 months of the year. Quote Link to comment Share on other sites More sharing options...
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