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  • Getting ITIN

    Hello senior members,

    i am trying to get an advise here.
    My husband was a victim for immigration scam 10 years ago or so, where he was required to report himself and applied for political asylum. His application was rejected and he had a removal order. More than 10 years has passed, and i am getting my GC pretty soon. I know that it will be easier to petition him once i obtain my Citizenship in five years or so considering his case.

    I have a burning question: can i apply ITIN for him considering his status?
    By getting ITIN for him, it will endanger his status or not (it will be tracked by ice)? considering right now POTUS is focusing on deporting people. (especially he had a removal order that happened 10 years ago)
    We are thinking by getting ITIN for him, it will make easier for me (in the future) to petition him as my spouse.

    thanks in advance!

  • #2
    Any foreign person who has to file US taxes can get an ITIN. They apply on Form W-7

    The treasury department is - in general - not authorized to share information with the department of homeland security

    Having an ITIN will not make it any easier nor more difficult for him to get a green card in the future

    If he was your husband last year, you can file Married Filing Jointly. If you both have been married for awhile, it may be worth amending your 2014 and 2015 tax returns as well to get a refund of the taxes overpaid from filing as Single

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    • #3
      Thank you so much, for your quick answer.

      We have been together for 10 years, and married by religion for 5 years. we are going to get a marriage license this summer!
      So thats why I am planning to get ITIN for him. thank you so much!

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      • #4
        Unless you have been living together and holding yourselves out in a state that recognizes common law marriages, you are not married under the law of the land, and you are not going to get the appropriate help you need by telling people you are married and that he is your husband

        Your husband/partner should get himself an ITIN if he needs to file a tax return ie earns more than the threshold income

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