Qualifing for Social Securtiy Number

[Bonnie]

I had a call yesterday from a long time customer stating she got married last summer. She has lived with this guy forever and has 3 sons by him. Well, now she's concerned about how she's going to file her tax return as he has no social security number. He is from Honduras and is illegal. I'm thinking once she married him, he qualifies as being married to her to apply for a social security card. Not sure what the regulations are. I tried to call social security and am on a call back list. Meanwhile I was wondering what everyone here thinks. Just not sure if I should direct her to apply for a social security card for him or do ITIN application.

[mastertaxguy]

Suggest the taxpayer contact social security, unless you are a social security representative or an attorney in which case you can provide appropriate legal advice. www.ssa.gov.

[ATSMAN]

I am not an attorney so this is not legal advice. I believe the wife can sponsor her "illegal alien" husband for permanent residency "green card" under the immediate relative category. There are many non profit organizations that will help you file the application with immigration services and also he can apply for either an itin first and then ss #. I am assuming the husband has a valid passport because without that it may be more time consuming to get itin.

I am speaking from personal experience of a client who married an Irish woman living illegally in Boston, but she had a passport. She got an itin right away.

At any rate they must do the correct procedure so that there are no unexpected surprises!

[appelman]

In the meanwhile...

For tax return filing, they can prepare a joint return and send it in along with a W7 and supporting documentation to obtain an ITIN for the spouse.