Illegal Alien

[Gary]

If a taxpayer is married to an illegal alien, how does he file?

[Bees Knees]

Legal status does not affect filing status. A taxpayer married to an illegal alien must still file as a married individual.

[Gary]

Mfs?

Would he have to file MFS since she has no ITIN?

[WTorres]

Itin

She can apply for an ITIN.

[Gary]

How

How can an illegal get an ITIN? You have to have a passport and visa.

[jsamans]

How can an illegal get an ITIN? You have to have a passport and visa.

Actually, "undocumented aliens" (to use the IRS term) can get ITINs; see the following from IRS Pub 1915, bottom of Page 9:

Can I get an ITIN if I am an undocumented alien?
Yes, if you are required to file a U.S. Federal income tax return or qualify to be listed on another individual’s tax return as a spouse or dependent, you must have either a valid SSN or an ITIN. If you are an undocumented alien and cannot get a SSN, you must get an ITIN for tax purposes. Remember, having an ITIN does not:

• Give you the right to work in the United States,
• Change your immigration status, or
• Entitle you to the Earned Income Tax Credit or Social Security benefits.
• Beginning January 2013, new ITINs will now be issued for a five-year period rather than an indefinite period.