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

[Desslar 0]

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!

[WrightFamily 34]

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!

Edited April 12, 2012 by WrightFamily

[jdh 103]

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...

[kayu 0]

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!

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.

[ceadsearc 515]

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.

[Desslar 0]

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.

[jdh 103]

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.