Love, Paperwork & the IRS: Filing Taxes When Married to a Non-Citizen Spouse

Marriage is a commitment. Taxes? They’re a legal obligation. And when your spouse isn't a U.S. citizen—or worse, has fallen into the immigration void—the tax rules get confusing fast. But don’t panic. Whether your spouse has a green card, no papers, or lost their citizenship, you still have options. And at ExFed Tax, we’ve lived it. Our team includes folks who’ve survived the immigration maze themselves, or supported spouses, parents, or partners through it.

We get it. You’re not just navigating taxes—you’re navigating fear, bureaucracy, and a system that sometimes feels like it was designed to make your life harder. That’s why we’re here to help you file with confidence and dignity.

Married to a Lawful Permanent Resident (Green Card Holder)

If your spouse has a green card, you're in relatively smooth waters. The IRS considers them a U.S. tax resident, which means:

• You can file Married Filing Jointly (MFJ) or Married Filing Separately (MFS).

• Your spouse must report worldwide income on a U.S. tax return.

• You may be eligible for the full standard deduction, Child Tax Credit, education credits, and more.

Why MFJ? 

Filing jointly often results in lower taxes and better eligibility for tax credits—especially if one spouse earns significantly less or doesn’t work.

Foreign Assets? If your spouse has accounts overseas, you may also need to file FBAR (Foreign Bank Account Report) or Form 8938 (FATCA).

Married to an Undocumented Non-Citizen

Now it gets delicate. But yes, you can still file. The IRS doesn't enforce immigration law. Its job is to collect taxes—and that includes undocumented individuals who choose to file.

Option 1: Married Filing Jointly

• Your spouse can file with an ITIN (Individual Taxpayer Identification Number) using Form W-7.

• You must both agree to be treated as U.S. residents for tax purposes.

• This opens the door to EITC, Child Tax Credit, education credits, and more.

Note: Filing jointly creates a tax identity record for your spouse. This is often essential if you ever plan to adjust their status.

Option 2: Married Filing Separately

• If your spouse doesn’t want to file jointly or doesn’t have an ITIN yet, you can file MFS.

• You'll lose some deductions and credits, but it may offer more privacy.

This may be the only option since the IRS has starting cooperating with ICE.

Option 3: Head of Household (HOH)

• If you pay more than half the cost of your household and have a qualifying dependent, you may be eligible to file as HOH.

• This can offer better tax rates than MFS.

⚠️ Warning: Never list your spouse as a dependent. That’s a red flag and likely to be rejected unless your spouse lives outside the U.S. and meets strict criteria.

Married to a Denaturalized Citizen

This is rare—but real. If your spouse was previously naturalized and had their citizenship revoked (usually for alleged fraud or national security reasons) and now is a non-citizen, you’re still legally married—and still responsible for filing taxes correctly.

Here’s what to consider:

• If your spouse is still physically present in the U.S. and meets residency criteria, you can likely file jointly or separately.

• If your spouse lives abroad, you can elect to treat them as a U.S. tax resident—but only if they agree.

• If they’ve been deported or removed, filing jointly may not be possible, and MFS or HOH may be your only options.

Pro Tip: Even if your spouse has been denaturalized, you can’t pretend to be single on your tax return. The IRS goes by marital status on the last day of the year—not immigration status.

What You Can Still Claim

Here’s a quick guide to what credits and deductions are on the table based on your filing status:

Credit/Deduction	MFJ (Joint)	MFS (Separate)	HOH (if eligible)
Standard Deduction	✅ Full ($29,200 in 2024)	⚠️ Reduced	✅ Full
Earned Income Credit	✅ Yes	❌ No	✅ Yes
Child Tax Credit	✅ Yes	⚠️ Limited	✅ Yes
Education Credits	✅ Yes	⚠️ Limited	✅ Yes
Foreign Income Exclusion	✅ If spouse is abroad	✅ If eligible	✅ If eligible

Common Filing Pitfalls to Avoid

• Using “Single” when you’re legally married—even if your spouse is undocumented or abroad.

• Not getting an ITIN when needed.

• Leaving off foreign income or not reporting foreign assets.

• Claiming your spouse as a dependent improperly.

We Know the System Is Hard—We’ve Been Through It

At ExFed Tax, we’re not just former IRS agents—we’re real people with real families. Some of us have fought for green cards, waited years for status approvals, or watched loved ones face removal proceedings. We've been in the trenches of the U.S. immigration system, so we understand the emotional, legal, and financial toll it takes.

We also know that the IRS in prior years didn't care about immigration - but they damn sure do now and. . . it cares that you file correctly and on time.

So let us help you do just that.

What You Should Do Next (besides call us)

1. Figure out your spouse’s tax residency (not just their immigration status).

2. Choose the filing status that works best for your situation—and protects your family.

3. Work with a tax team that understands both IRS and real-life complexity.

Bottom Line for Marriage with a Non-Citizen Spouse

You fell in love. You built a life. Now you just need to file the taxes.Don’t let fear, shame, or confusion keep you from doing it right.

At ExFed Tax, we’re here to support you with expert guidance, empathy, and zero judgment. Whether your spouse has a green card, an expired visa, no papers, or a nightmare immigration file—we've seen it, we understand it, and we’ll help you get through it.

📞 Ready to file with confidence? Contact ExFed Tax today. Services begin 10/1/2025.

Let’s turn this tax season or the next tax season minto one less thing to worry about.