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unknown marital filing status

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What is the name of your state? Illinois

My husband and I were married in 2003. He found out later that quite possibly his previous marriage in Italy had not gone through, therefore he might still be married to his wife in Italy. He is in the process of publishing papers for a divorce from his wife in Italy. Would I file as single or married for 2003?


Senior Member
You need to file as accurately as you can. Is it more likely than not that your husband's divorce went through? If so, file jointly with him. If not, file singly. If you later find out your guess was wrong, you *must* amend your returns to the proper filing status. (If he's not divorced, he has to amend all the "open" year to married filing separately.)

I'd advise him to find out if the Italian divorce went through before he starts new divorce proceedings. The Italian courts have records of this. Perhaps the US embassy could help him find out is the final decree was filed.
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