Can I file married filing jointly?

[jerzboi 0]

I’ve done a little reading on this, but I am still unsure if I can file married filing jointly. From what I understand as long as we were married before December 31st 2008 and my wife has a SS # I would be able to file jointly, now where I get confused is about the SS#. We are still waiting on my wife’s AOS so her SS card still says “Valid For Work Only With DHS Authorization”. I’ve read there is another way of filing jointly, (I forget the form I would need) but I wouldn’t be able to file electronically. Does the SS card my wife has now allow us to file jointly?

Thanks!!

[Jasman0717 9]

If you were married any time during 2008 you can file married joint. The social security number is used on the 1040.

Edited January 30, 2009 by jasman0717

[jerzboi 0]

Got married in Dec 07 but didn't do AOS until Sept 08 and was a little worried about wife being out of status so I didn't try last year...so with AOS still pending it's ok to file joint....Thanks!!

[Jesse and Hema 2]

Got married in Dec 07 but didn't do AOS until Sept 08 and was a little worried about wife being out of status so I didn't try last year...so with AOS still pending it's ok to file joint....Thanks!!

Assuming you broke no laws, there is nothing to worry about. If your wife does not have a social security number, she will need an Individual Taxpayer Identification Number (ITIN), which you can read about here : http://www.irs.gov/individuals/article/0,,id=96287,00.html

[payxibka 10,048]

you have the ability to file jointly either by rule or by special exception

[pushbrk 13,639]

Got married in Dec 07 but didn't do AOS until Sept 08 and was a little worried about wife being out of status so I didn't try last year...so with AOS still pending it's ok to file joint....Thanks!!

Her SSN is not going to change. Not only can you file jointly for 2008 but you can go back and file an amended return for 2007.