Filing JOINT TAX RETURNS before receiving SSN

[SvetlanaR 0]

Dear VJ friends,

This is my first post here on the VJ forum so please forgive me if I have posted this in the wrong section of the forum. My husband and I married 2 weeks ago and we are currently assembling our AOS package. My husband is a US citizen and I came on the B-2 visa as a minor in 2000 and have sinced overstayed (never left the country since then). I have met my husband in 2008, got engaged in 2010. Since my overstay, I do not own any current, valid identification besides my college school ID. My passport (including my visa) expired in 2010 and I am not able to get a government-issued ID nor any other ID from the state (FL) since I am out-of-status. I do have a certifed copy of my original birth certificate. We are trying to put together our AOS package and are gathering all proofs of evidence of our marriage. One of them that I have seen fellow VJ members post was the filing of joint tax returns. Since we got married prior to Dec.31 of this year, we would like to file our taxes jointly BUT here is the dilemma: Since I do not have a SSN yet as we have not filed our AOS package yet, I was looking into obtaining an ITIN number for myself. After looking at all the forms and researching on the IRS website, I found that I am able to receive ITIN only if I can submit valid forms of identification to prove my identity (no expired documents are accepted!). Going through the list of documents that I could submit, I realized that my birth certificate is the only form of documentation they would accept. Unfortunately, they need 2 proofs of identity if one's passport is expired. Here, VJ members, is my question: Is there anyway I could still obtain ITIN number to file my taxes jointly with my husband prior to sending our AOS package or should we wait for my SSN to get here and then file for our joint tax returns even if that would mean that the USCIS would NOT get our joint tax return documentation upon us sending the AOS package in.....not until the interview anyway! If any one of you could shed some light and much needed assistance to our inquiry, we would so greatly appreciate it! I apologize for making this post so very lenghty.Thank you!

Edited November 11, 2011 by johana 134

[Dave&Roza 748]

You would have until April 15th to file a joint return. The AOS is typically taking 90-150 days (ours took 96). If you apply for the EAD when applying for the AOS that should arrive before the GC and you can use that and your birth certificate to obtain a SSC and maybe even a DL (this is state dependant on what documents they will accept, but typically a birth certificate and an EAD or GC is sufficient). Having just gotten married, you do not have much in the way of joint or co-mingling of assests. That should not be a problem. File the AOS and then get the SSN. Do not waste your time with an ITIN.

Is there a way for you to apply for a passport from your home country without leaving the US? Otherwise you will be in the US until Naturalization and can apply for a US passport since you do not have a valid government issued ID in order to travel internationally.

Good luck,

Dave

Edited November 11, 2011 by Dave&Roza

[SvetlanaR 0]

Thank you so much Dave&Roza for your fast reply! We have gotten some information on how to proceed to apply for new passport within US with the Czech embassy but the process is very lenghty and their need for proper valid documentation would once again pose a problem since I do not have the required documents to obtain my country's passport within the US to the best of my knowledge. I was planning for applying for my Czech passport after I receive my EAD, SSN (and possibly my driver's licence) since that would give me some valid nonexpired documentation that the Czech embassy seems to accept. Thank you for all the information....it seems that the best route to take is to wait it out until I do receive my EAD and SSN.

[lisenok 0]

Thank you so much Dave&Roza for your fast reply! We have gotten some information on how to proceed to apply for new passport within US with the Czech embassy but the process is very lenghty and their need for proper valid documentation would once again pose a problem since I do not have the required documents to obtain my country's passport within the US to the best of my knowledge. I was planning for applying for my Czech passport after I receive my EAD, SSN (and possibly my driver's licence) since that would give me some valid nonexpired documentation that the Czech embassy seems to accept. Thank you for all the information....it seems that the best route to take is to wait it out until I do receive my EAD and SSN.

You should able to renew your Czech Passport from US. I did it with my Russian Travel Passport through the Agency in Chicago. Also overstayed and had no valid documents. They did not require anything, my expired passports and copy of Russian birth certificate was enough. Check with your embassy again and do a better research online. But either way, this process takes longer( 4-6 month with Russia) then if you would get an EAD. So just wait for EAD to come. Good luck .

[SvetlanaR 0]

You should able to renew your Czech Passport from US. I did it with my Russian Travel Passport through the Agency in Chicago. Also overstayed and had no valid documents. They did not require anything, my expired passports and copy of Russian birth certificate was enough. Check with your embassy again and do a better research online. But either way, this process takes longer( 4-6 month with Russia) then if you would get an EAD. So just wait for EAD to come. Good luck .

I cannot thank you enough VJ members, including you lisenok, for all of your insight! Definitely helped clarify some of my questions and ease my mind in the process.