If I file taxes with my illegal immigrant husband, will we get back anything he paid in taxes?

eseyejinga: If I file taxes with my illegal immigrant husband, will we get back anything he paid in taxes?
I finally got a job, and was wondering come tax time when I file taxes with my illegal immigrant husband (I am a US citizen). Will we get back everything we could as if he was a citizen, or will they only give back my part?
We also have a child together.

Let me know if you need anymore details.
Would it be better to file by my self?
If I did file by myself, would I get EIC?
Would filing together help us out in any way?

Answers and Views:

Answer by Judy
If between you, you paid in more than you owe based on both of your earnings, then you’d get any extra back. The fact that he’s illegal doesn’t change your refund except that you can’t get EIC.

Answer by the tax lady
If you file MFJ, you will combine your income with your husband’s. You will get the MFJ standard deduction, 3 exemptions, the MFJ tax rate and the $ 1000 child tax credit. You will *not* get EIC.

if you live together, you absolutely cannot get EIC no matter how you file.

If your husband meets the substantial presence test (see IRS pub 519), he’s a resident even if it’s illegal. if he’s a resident and you file separately, you would both file as MFS. Again, no EIC.

If your husband does not pass the substantial presence test (highly unlikely as as little as 4 months in the USA during 2009 can cause him to meet it) , you file HOH if you can prove you paid more than half the cost of keeping up the home, but if he lived with you, no EIC.

If he did not live with you–and you can prove it–and you paid more than half the cost of keeping up your home (unlikely since “I finally got a job” implies you weren’t working), you can file HOH with EIC.

Answer by tro
assuming he has an ITIN to work and report taxes, you file married, jointly or separately it really doesn’t matter since that number disallows the EIC, and filing separately also disallows that credit
if your tax liability, either jointly or separately, is less than your withheld income taxes, you should have a refund due, either way

Answer by Gerardo D, EA
Get your husband to get an ITIN by completing form W-7 and submit with the documentations such as electorate card (Mexico) and Birth Certificate (Mexico). You go to your nearest IRS office and go to the Wage and Investment assistance counter. The IRS will not disclose any information to the INS. The INS lost the suit against the IRS because the IRS did not disclosed the info regarding illegals to the INS. You may ask the inquiry if you are a citizen and your husband is
undocumented (this sounds better than the term illegal), can you qualify for EIC? If no answer, check Publication 19 by going to irs.gov
If you file by yourself, you will be filing married filing separately but the form will ask you the Social Security number of your spouse. You will certainly not get an EIC. There was some talk that even undocumenteds who are married to legals may get an EIC but this was over 2 yrs ago when I was with the IRS.

Answer by chatsplas
You are married and together, thus your ONLY filing choices are MFJ or MFS. Generally MFJ is more favorable.
Being married to an illegal immigrant, you are NOT entitled to EITC.
Depending on your income and tax bracket, yes, you can get a refund of taxes withheld for both of you. Hubby needs an ITIN since he has no SS, and you can apply for one with tax return (w-7). Filing jointly is generally the best because it combines all your income and gives you the exemptions for 3 people plus the standard deduction for MFJ.
It’s important to have tax history for future amnesty, regularizing of his immigration status. Plus, all it requires is that you obey the law.