If I filed single and i am working on my husbands I-601a and the waiver was accepted and now I am needing the DS-260 is that bad

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I filed single for 2018 taxes and they do need the tax transcript but it shows single and I talked to a legal assistant and she said they would make him stay in Mexico if I sent him with that transcript but I was confused on how to file since he didn’t have a social but apparently he needed an ITIN

Attorney Answers

2
Vance Winningham ·
We have clients who were wrongly advised by less than knowledgeable tax preparers they could only file as single since their spouse was in the U.S. without a legal status, meaning s/he couldn't get a social security number. Instead they should have applied has the spouse apply for a U. S. tax identification number ("TIN") which can be used by the spouse instead of a social security number for tax filing purposes.
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Namita Agarwal ·
Your question is unclear. Please rephrase. If your tax transcripts are being requested, you should submit these even if you filed single. You should provide a statement as to why you did file this way.
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