Requirements for filing joint tax return with no SSN or ITIN - Pending AOS

[njamieson 0]

I am a US Citizen and my husband is a non-resident. We both live in the US. His AOS is currently pending.

We would like to file our taxes as MFJ (he is a US resident for 2014 tax purposes), but he does not have a SSN yet since his Green Card is still pending. I read that we can go ahead and apply for an ITIN number and use that to file our taxes, however, I also was told that you cannot apply for an ITIN unless you have a denial letter from the Social Security office stating that he is not eligible for a SSN. Is there any way that we can go ahead and file for our tax return without a SSN or ITIN? What should we do?

Thank you!

[Hypnos 6,576]

Not if you want to file MFJ or MFS.

If he has an EAD then he can obtain a social security number using that.

[njamieson 0]

His EAD application has been approved. We will apply for his SSN as soon as it comes in the mail. Thank you!

[Hypnos 6,576]

It will be easy then. Take his EAD, birth certificate, and a completed SS-5 (application for a social security card) to your nearest SSA office, and you should receive his card in the mail within 7 - 10 days.

[Ryan H 3,790]

Moved from IR-1/CR-1 Process & Procedures to Tax & Finances During US Immigration forum.

[squallseeker 0]

We fall into the other possible scenario where AOS has been filed and its NOA just received. Given the current processing times we almost certainly won't see an approved work authorization prior to April 15th and the K1 I-94 date range has now expired. Was the original poster correct that SS must provide a refusal to issue form to apply for an ITIN? Any tips in this situation?

This seems like a pretty big omission, in that (if I read correctly) a SS number could have been issued prior to I-94 expiration (had I known sooner), while the marriage with AOS filing and NOA receipt gives implied extension of the I-94 date while USCIS is diligently at work on our case.