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AOS and Filing Tax Return ASAP --no SSN ITIN

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I got married in November --met my husband a year prior while he was here on a B-2 visa, and he overstayed---but did enter legally. 


I am filing a late tax return---but I do have an extension on it.


We are just now filing his AOS packet. I will be supplying all pages of the return , but not a transcript as it wont be available for several weeks. 


I do need to file the 2017 return, but am now realizing I do not have a SSN. If I file the w-7 form, with the return, is this the best option? It says to not do this if he is eligible for a SSN ---but I can't get the SSN without the tax return, which I can't file because I don't have a SSN. 


If I file MFS - I owe an extra $2k+ so want to file MFJ.


We need to get the packet in ASAP so he can get his EAD card in order for him to drive--and we simply need to get the entire process moving to make him legal here. 


What is my best option? 


Thank you!

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Posted (edited)
20 minutes ago, redcat56 said:

If I file the w-7 form, with the return, is this the best option?

Yes, file the W-7 for an ITIN as he is not eligible for a SSN at the time of tax filing.

Edited by TM92

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