Filling out the FAFSA when one (1) parent is undocumented?

I am a junior applying to college next year. My mother is a US citizen, but my father was deported 10 years ago. He’s been living in the US, undocumented, for 8. He doesn’t file taxes or have a SSN, and my mother files taxes as Head of Household. I believe they are married in another country. In every other situation, I’ve just recorded my father as not-existing.

I’m wondering what my options are for this situation? Is it necessary to submit info about my father, and what would that be? Or am I likely to get a waiver saying I only need to submit my mother’s info. What kind of docs would I need for such a waiver?

Thanks everyone – Sorry for the lengthy question.

If your parents are married in another country, they are married here.

Does your father live in your household?

You need to list the income and assets of both of your parents if they are married…or even if not married but living in your home. I can’t think of any reason why you would be eligible for a waiver unless I’m missing some information.

That is not true. Right? Please fill your financial aid application forms out honestly.

Why doesn’t your dad file taxes?

@BelknapPoint what possible complications are there if this parent really should not be filing as “head of household”.

@happymomof1 your thoughts?

@kelsmom what do you advise in this situation.

Does your father live with you and your mother?

I have no idea why he doesn’t file taxes, it’s not something I’ve ever had to concern myself with. And yes he does live with me and my mother.

Since your both of your parents live with you, you are required to include both incomes and assets on your financial aid forms.

There is no waiver for this.

I’m not a tax expert, but since your parents live together, I’m not positive Head of Household is a correct filing status for these married parents. Seems to me this should be either Married filing jointly, or married filing separately.

@BelknapPoint is there an exception for married parents when one is undocumented??

On your FAFSA form, you will indicate married…because your parents are married. And unless I’m mistaken, your dad will be included in the number of people in your household @kelsmom am I correct about this.

You wont be able to use the IRS Data Retrieval Tool to complete your FAFSA. Your mom will need to request a tax transcript and your dad will need to complete a non-filers statement. I believe this is correct info.

Hoping @kelsmom will chime in.

@thumper1 is correct. You must include your father and his income information. Use your mother as the FAFSA parent. The financial aid office won’t care that your father is undocumented, but they will expect that he file taxes if he earned enough that he should file. They will also require your mother to amend her taxes if her filing status is incorrect. I don’t believe your mother was eligible to file head of household. If she was not, schools are not permitted by law to give you federal aid unless she amends her taxes to an eligible filing status. She can amend to married filing separately if she wants to leave your father off her return. Do understand, though, that if your father earned enough that he should have filed a tax return, he will need to do so in order for you to get aid.

I realize this is a difficult situation for you.

Thank you both for responding, it seems like the situation might be harder than usual, but I’m glad to know what I should do and that there’s a way to submit my father’s info.

@kelsmom wouldn’t this student use BOTH parents on the FAFSA? They are married and reside together in her home.

@belbol998 & @thumper1 : Sorry, I didn’t say it correctly. You DO have to include your father on the FAFSA. But only one parent needs to get a FAFSA ID, which goes through a government check for the social security number. That is the one you can use mom for.

Maybe @sybbie719 has some thoughts to offer?

If your father has income, he can file his taxes using an ITIN instead of a SSN. https://www.irs.gov/individuals/individual-taxpayer-identification-number

If necessary, your parents can file amended tax returns for the years needed for the FAFSA. https://www.irs.gov/filing/amended-return-frequently-asked-questions

For the FAFSA, it doesn’t matter if your parents are married to each other or not. What matters is if they are living in the same household. Which they are. So you need income information for both of them. https://fafsa.ed.gov/fotw2021/help/faahelp51.htm#:~:text=This%20is%20question%2058%20on,date%20the%20FAFSA%20was%20completed.&text=%E2%80%9CUnmarried%20and%20both%20legal%20parents,live%20in%20the%20same%20household.

@belbol998,

You definitely will not be eligible for a non-custodial waiver (You know where your dad is, you have contact with him and he is helping to support the family). Your situation is not unusual. The process is still the same, you must use the income/assets of both parents. Regardless of your Dad’s status in the US, if he makes enough money where he has to file, he should get a taxpayer ID number and file). if he does not, then she should get a non filers statement,

Please be reminded that willful misrepresentation would be grounds for having you kicked out of school and having to repay your aid.

Tell the truth.

Kelsmom is correct, you only need one parent to sign the FAFSA, this can be your mom.