Since you are married, you should include him as your husband in your income tax returns. If he doesn’t have an Individual Tax Identification Number, you can learn how to get one here. The IRS will give him a number to allow you to include him in your income tax return.
If he doesn’t owe back taxes, he probably doesn’t have to file his income taxes for those years, but you really need to discuss this with a Certified Public Accountant (CPA). Income tax law is complicated and CPA’s are the best to handle those issues.
For your green card process, however, it is an excellent proof of a good faith marriage. You need to show that you have commingled your personal and financial lives once you married. Filing joint Income tax returns goes a long way to meeting this burden. It is just one element of many that will determine the success of your application. You are sponsoring your husband, because you will your income tax returns they must be properly filed. You don’t want to file anything that can undermine your petition. If your income tax returns are fraudulent, whether you intended it or not, it can affect your immigration petition. If you are perceived to have lied once, you can be sure they immigration will believe you did it again.
Here is an example I see too often, Maria is a U.S. citizen she married George a Mexican National. They have three kids, have been together for 15 years, but only got married last year. They have filed their taxes for the last six years under the category Married Filing Jointly. The problem is they were married only last year, the five prior returns were incorrect. If they are included as support of a good faith marriage, it can create unnecessary complications. Maria and George should see a CPA and have their income tax returns amended before including them in their Petition for Alien Relative (Form I-130) or only include the most recent return which was properly filed.
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