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Should I request ITIN number for joint tax return? (currently waiting for AOS NOA)

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Filed: Country: Thailand
Timeline

Hi, I recently filed the I-130/I-485 to adjust my wife's status, and am waiting on the NOA.

I was thinking I should file the 2011 tax returns as "married filing jointly", but I see that you need to apply for an ITIN number if one's spouse does not have a social security number (as mine does not). I think it takes several weeks to get an ITIN, so I guess I would probably have to file for an extension first. My wife does not have any income to report by the way.

Here's my question: the tax form says ITIN numbers are only for people who can't get SSN. So if I apply for an ITIN, even though I am in the process of trying to adjust my wife's status (and therefore eventually get an SSN), is this going to confuse the USCIS?

On the other hand, if I don't file "married filing jointly" (if I file as "married filing separately"), is that going to make USCIS suspicious?

Any advice would be greatly appreciated.

Thanks!

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You never said if your wife lives here in the US or not!! Assuming that she doesn't live here in the US, you can file "married filing separately" and avoid applying for a ITIN number!

Example:

My wife has never been to the US, so I was confused and had the IRS in Austin, Texas prepare my 2011 taxes. The officer used the 1040 Form, filed my status as "married filing separately" and typed in the letters: NRA were you would have put Spouse's Social Security Number!

NRA means: (Non-Resident Alien)

Goodluck! :thumbs:

Edited by WrightFamily

USCIS

05/29/2011: Married

08/12/2011: Sent I-130 packet.

08/15/2011: NOA1, Priority Date

02/22/2012: NOA2 - Approved

02/25/2012: NOA2 - Received hard copy in mail

NVC

03/06/2012: NVC received

03/07/2012: NVC Case Number, BIN & IIN Assigned

03/08/2012: DS3032 sent by email (auto response received immediately)

03/13/2012: Re-send DS3032 by email (auto response received immediately)

03/13/2012: Received (2)Email with DS-3032 Kit and AOS Bill instructions

03/14/2012: AOS bill appears as PAID

03/16/2012: Mailed AOS package (I-864)USPS EXPRESS

03/16/2012: DS-3032 Accepted Via Beneficiary Email (Took 8 DAYS from 1st Email)

03/20/2012: IV bill invoiced & paid $404.00

03/21/2012: IV bill Payment reflecting PAID / AOS checklist received

03/30/2012: IV package DS-230 sent via USPS Priority

04/02/2012: IV package Delivered @ 11:55 am w/signature

04/12/2012: Re-Sent DS-230 Part 1 W/Photocopy of receipt from Hong Kong Police Via USPS EXPRESS

04/13/2012: DS-230 Part 1 package Delivered to NVC ATTN:DR @11:52am

04/17/2012: CASE COMPLETE (41 Days @NVC)

04/22/2012: Request Expedite

04/24/2012: Expedite Approved!(2days)

04/25/2012: Case sent to U.S. Consulate General in HONG KONG

Medical / US Consulate / POE:

04/30/2012: U.S. Consulate General Hong Kong received

05/16/2012: Interview Scheduled May 22, 2012

05/22/2012: Interview APPROVED!!!!!!

05/26/2012: Visa in Hand (9 months 11 days from NOA1)

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Filed: AOS (apr) Country: Canada
Timeline

From what I understand of reading IRS rules, their definition of NRA fits for people that are AOSing within the US as well. You aren't a resident alien until you have a permanent residence card...

Also from what I have been able to find you can either do what was suggested above, file "married filing seperately" and put NRA in the social security slot, or alternatively I have read of some who put 'pending' in that slot because they will be getting a social immediately after they get their EAD...


July 2005 - met my awesome, hot, amazing love in Lousiana.
July 2006 - Married said love and moved to Canada.
June 2011 - Entered US to visit family, decided to stay.
Feb. 2012 - Sent paperwork to Chicago.

May 2012 - Received green card.

Day 0 - Package sent to Chicago Lockbox - 02/27/2012
Day 2 - UPS Tracking Confirmation - 02/29/2012
Day 4 - NOA Emails Received - 03/02/2012
Day 7 - All Checks Cashed - 03/05/2012
Day 11 - Hard Copy NOA's Received - 03/09/2012
Day 11 - Biometrics Appointment Received - 03/09/2012
--------- - Booked for - 04/03/2012 (day 36)
Day 35 - Early Biometricts Walk-in - 04/02/2012
Day 44 - Received Appointment Letter - 04/11/2012
Day 58 - EAD Approval Online - 04/25/2012
Day 63 - EAD in the mail - 04/30/2012
Day 65 - EAD in hand - 05/02/2012
Day 77 - AOS Interview - 05/14/2012
Day 77 - AOS Approved!
Day 84 - Green Card In Hand - 05/21/2012

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Filed: AOS (pnd) Country: Hong Kong
Timeline

You never said if your wife lives here in the US or not!! Assuming that she doesn't live here in the US, you can file "married filing separately" and avoid applying for a ITIN number!

Example:

My wife has never been to the US, so I was confused and had the IRS in Austin, Texas prepare my 2011 taxes. The officer used the 1040 Form, filed my status as "married filing separately" and typed in the letters: NRA were you would have put Spouse's Social Security Number!

NRA means: (Non-Resident Alien)

Goodluck! :thumbs:

The IO asked whether my hubby has filed tax 2011 with my name during the interview today 11 April. My hubby changed the status to married with my name and SSN. You need this for interview otherwise, they might ask you to go to IRS to update. Anyway, the IO took the copy of all documents we submitted for tax. Everything was smooth and we got approved on the spot.

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You can either request an extension and get an ITIN and file jointly (usually, but not always, leads to a bigger return) or file separately and write NRA instead of the social. You'll have to file by mail in that case as it will create an error if you try to e-file. The IO may ask about it but you can easily explain why you filed that way. That is how I filed our first year of marriage before hubby had a SSN and the IO didn't say anything about it. The key is to file MARRIED.


OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

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Filed: Country: Thailand
Timeline

You can either request an extension and get an ITIN and file jointly (usually, but not always, leads to a bigger return) or file separately and write NRA instead of the social. You'll have to file by mail in that case as it will create an error if you try to e-file. The IO may ask about it but you can easily explain why you filed that way. That is how I filed our first year of marriage before hubby had a SSN and the IO didn't say anything about it. The key is to file MARRIED.

Thanks, that's very helpful. To answer an earlier question, my wife is living in the U.S. (having been on an F-1 visa roughly up until the time we were married).

So I will go ahead with applying for an ITIN and file "married filing jointly". It appears the ITIN application can just be attached to the tax return, so I guess getting an extension isn't necessary.

I just thought USCIS might think it was strange that I apply for an ITIN for her at the same time I'm applying through AOS for an SSN, but I am glad to hear that is not the case.

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Filed: AOS (apr) Country: Canada
Timeline

Thanks, that's very helpful. To answer an earlier question, my wife is living in the U.S. (having been on an F-1 visa roughly up until the time we were married).

So I will go ahead with applying for an ITIN and file "married filing jointly". It appears the ITIN application can just be attached to the tax return, so I guess getting an extension isn't necessary.

I just thought USCIS might think it was strange that I apply for an ITIN for her at the same time I'm applying through AOS for an SSN, but I am glad to hear that is not the case.

That will work.

We are doing seperately just for this year....each case is going to be a bit different.

Best of luck with yours.


July 2005 - met my awesome, hot, amazing love in Lousiana.
July 2006 - Married said love and moved to Canada.
June 2011 - Entered US to visit family, decided to stay.
Feb. 2012 - Sent paperwork to Chicago.

May 2012 - Received green card.

Day 0 - Package sent to Chicago Lockbox - 02/27/2012
Day 2 - UPS Tracking Confirmation - 02/29/2012
Day 4 - NOA Emails Received - 03/02/2012
Day 7 - All Checks Cashed - 03/05/2012
Day 11 - Hard Copy NOA's Received - 03/09/2012
Day 11 - Biometrics Appointment Received - 03/09/2012
--------- - Booked for - 04/03/2012 (day 36)
Day 35 - Early Biometricts Walk-in - 04/02/2012
Day 44 - Received Appointment Letter - 04/11/2012
Day 58 - EAD Approval Online - 04/25/2012
Day 63 - EAD in the mail - 04/30/2012
Day 65 - EAD in hand - 05/02/2012
Day 77 - AOS Interview - 05/14/2012
Day 77 - AOS Approved!
Day 84 - Green Card In Hand - 05/21/2012

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