tax problem with spouse..pls help

[newbie215 3]

Anyone I need your help to explain to my husband in filing his tax.We got to an argument this morning about this.I told him about me reading here all the stuffs I had gathered in filing his tax but he didn't understand me maybe because I wasn't sure though if I explained it to him right I am still struggling and my brain is about to explode with all the things going on.He is self-employed and file his own tax,here is my problem I wasn't able to get SSN before my I-94 expired,and my k-1 visa is expired too, but now it is expired so it means I do not have SSN# .And we are going to apply my AOS pretty soon.So when my husband started to fill up the tax form it asked my SSN which I dont have and he said he will just put it blank.So I told him about what I read in this site like putting NRA (but I am struggling to understand, isn't it NRA means non resident alien?,does it mean a person that are married to us citizen but not living in US? so I wonder if I can put NRA but I lived here in US).And I asked him about getting me ITIN but he said you can't get it because you don't have work it is only for people that have work so they can pay their tax but since you dont have work you can't get it.And he said again I will just put it blank.And I said to him that when you submit that tax form to the place whatever you call that one that collect taxes then they will question us why I don't have SSN or ITIN then he said no their not or if they have question they will call me.And I said again how about the immigration?That's when he started to change his voice and started to get mad at me because I have so many questions.He did'nt get my point that I just want to make sure everything is ok.We understand we need to file MFJ or MFS. So I give him dirty look coz he didn't get my point and he got mad at me so we ended up in an argument and now we are not talking to each other.

Please help me guys!!! I don't what to do anymore.. :(

[Merrytooth 5,748]

Maybe you can show him this IRS website on ITIN information

http://www.irs.gov/Individuals/General-ITIN-Information

[aaron2020 11,652]

Hi,

You need either an SSN or ITIN to file jointly. No SSN or ITIN will mean the return will be rejected for failing to follow the legal requirement.

Best of luck

[N-o-l-a 7,168]

You can get the ITIN or you can hurry up and apply for AOS/EAD so you can get a SSN and if it doesn't come in time, then file an extension and do it when it arrives.

Or...

You actually can use NRA for the tax year 2014 because you weren't a permanent resident during that period and you still aren't one.

Edited February 19, 2015 by N-o-l-a

[aaron2020 11,652]

You actually can use NRA for the tax year 2014 because you weren't a permanent resident during that period and you still aren't one.

The husband can file separately without the wife. He can not file a joint return with an NRA who does not have an SSN or ITIN.

[novedsac 355]

Your husband is completely wrong. IRS issues ITINs for tax reporting purposes - some use it for work; some don't. You need an ITIN or SSN in order to file a joint tax return. You will also need an ITIN/SSN for any dependents you claim. My young son never worked but had an ITIN until he could legally obtain a SSN.

Follow the link provided by Merrytooth above to obtain ITIN and file the 2014 tax return. You can do it at the same time. Your husband cannot file MFJ without your ITIN/SSN and your signature - refuse to sign until he does it the correct way.

Also, apply for SSN as soon as you can so you don't have this issue again.

[Zedayn 486]

Your husband will need to file taxes as either: Married filing separately, OR Married filing joint. In both cases, the SSN field for you cannot be left blank. If filing jointly, he needs to either use your SSN OR an ITIN number. If filing separately, he needs to write NRA in place of your SSN.

For Married filing Jointly:

Look at page 12 of the 1040 instructions: http://www.irs.gov/pub/irs-pdf/i1040gi.pdf

Nonresident Alien Spouse

If your spouse is a nonresident alien, he or she must have either an SSN or an ITIN if:

• You file a joint return
• You file a separate return and claim an exemption for your spouse, or
• Your spouse is filing a separate return

For Married filing Separately:

Look at the 1040 instructions, page 13

Be sure to enter your spouse's SSN or ITIN on Form 1040. If your spouse does not have and is not required to have an SSN or ITIN, enter "NRA"

Edited February 19, 2015 by Zedayn

[newbie215 3]

Your husband will need to file taxes as either: Married filing separately, OR Married filing joint. In both cases, the SSN field for you cannot be left blank. If filing jointly, he needs to either use your SSN OR an ITIN number. If filing separately, he needs to write NRA in place of your SSN.

For Married filing Jointly:

Look at page 12 of the 1040 instructions: http://www.irs.gov/pub/irs-pdf/i1040gi.pdf

Nonresident Alien Spouse

If your spouse is a nonresident alien, he or she must have either an SSN or an ITIN if:

• You file a joint return
• You file a separate return and claim an exemption for your spouse, or
• Your spouse is filing a separate return

For Married filing Separately:

Look at the 1040 instructions, page 13

Be sure to enter your spouse's SSN or ITIN on Form 1040. If your spouse does not have and is not required to have an SSN or ITIN, enter "NRA"

Hi! thank you so much for the reply.Can you spare me again a few seconds of your time for my another question.? So will it be ok if my husband will just put then Married filing separately insted of married filing jointly?Am I considered Non-resident alien even I am living here in US for quite a while now?thank you so very much..

[aaron2020 11,652]

Your husband will owe a lot more in taxes by filing separately versus getting you an SSN or ITIN in order to file jointly.

You are not a resident here until you get your green card.

Tell your husband to get you an SSN or ITIN if he wants to minimize his taxes. His inaction will cost him money.

Edited February 19, 2015 by aaron2020

[Darnell 8,479]

if you want to file MFJ then you need an ITIN,

and ITINs are usually obtained

when filing a paper (only) 1040 return with W-7 form

to the special ITIN intake address listed in the W-7 instructions.

So, prep the return, print to paper,

then send out via usps or courier to the address listed in the W-7 instructions .

That's it, that's all.

Really ! I swear !

Dirty Looks are Painful, aye? Maybe approach the subject again, with printed W-7 form and instructions, only wearing some lingerie and high-heels shoes? I think he'll pay attention this time, if you try it this way.

Edited February 19, 2015 by Darnell

[Umka36 781]

if you want to file MFJ then you need an ITIN,

and ITINs are usually obtained

when filing a paper (only) 1040 return with W-7 form

to the special ITIN intake address listed in the W-7 instructions.

So, prep the return, print to paper,

then send out via usps or courier to the address listed in the W-7 instructions .

That's it, that's all.

Really ! I swear !

Dirty Looks are Painful, aye? Maybe approach the subject again, with printed W-7 form and instructions, only wearing some lingerie and high-heels shoes? I think he'll pay attention this time, if you try it this way.

In case the OP wants to read the ITIN information from the IRS website:

http://www.irs.gov/Individuals/General-ITIN-Information

[newbie215 3]

I appreciate you all so much for helping me.But here is my other complicated problem.I look at the W-7 form it needed unexpired passport but my passport is already expired a few months ago.I don't know what to do anymore.Plus it added a not good communication now with my husband.I feel like I just wanna take a bunch of sleeping pills to end all this..my life is so complicated. so depressed right now :( :(

[Darnell 8,479]

oh. well, that certainly complicates all.

maybe filing MFS this year is ok, then once you get a SSN, file amended tax-return as MFJ.

Just a thought.

I do ask that you not think of suicide, further.

[Umka36 781]

I appreciate you all so much for helping me.But here is my other complicated problem.I look at the W-7 form it needed unexpired passport but my passport is already expired a few months ago.I don't know what to do anymore.Plus it added a not good communication now with my husband.I feel like I just wanna take a bunch of sleeping pills to end all this..my life is so complicated. so depressed right now :( :(

It's not as complicated as you/your husband think it is.

Here is what I would do. File the AOS immediate along with the I-131 and I-765 (EAD). You probably wont' get the EAD in time in order to get your SSN to file 2014 tax return as MFJ. What your husband should do then is file for an extension (I'm assuming he will get a refund?) which will give you time to receive the EAD. Once you get the EAD, go to SS office and apply for the SSN. Once you get the SSN file the tax return.

http://www.irs.gov/taxtopics/tc304.html

[abella 13]

Anyone I need your help to explain to my husband in filing his tax.We got to an argument this morning about this.I told him about me reading here all the stuffs I had gathered in filing his tax but he didn't understand me maybe because I wasn't sure though if I explained it to him right I am still struggling and my brain is about to explode with all the things going on.He is self-employed and file his own tax,here is my problem I wasn't able to get SSN before my I-94 expired,and my k-1 visa is expired too, but now it is expired so it means I do not have SSN# .And we are going to apply my AOS pretty soon.So when my husband started to fill up the tax form it asked my SSN which I dont have and he said he will just put it blank.So I told him about what I read in this site like putting NRA (but I am struggling to understand, isn't it NRA means non resident alien?,does it mean a person that are married to us citizen but not living in US? so I wonder if I can put NRA but I lived here in US).And I asked him about getting me ITIN but he said you can't get it because you don't have work it is only for people that have work so they can pay their tax but since you dont have work you can't get it.And he said again I will just put it blank.And I said to him that when you submit that tax form to the place whatever you call that one that collect taxes then they will question us why I don't have SSN or ITIN then he said no their not or if they have question they will call me.And I said again how about the immigration?That's when he started to change his voice and started to get mad at me because I have so many questions.He did'nt get my point that I just want to make sure everything is ok.We understand we need to file MFJ or MFS. So I give him dirty look coz he didn't get my point and he got mad at me so we ended up in an argument and now we are not talking to each other.

Please help me guys!!! I don't what to do anymore.. :(

You don't need at SS number you need to send a W7 for with your taxes. You cannot submit electronically only a paper filing.