How should my spouse file his tax for I-130 since I don't have SSN or ITIN?

[Maltese 0]

Hello. I am new here and hope someone can shred some light.

 

so

[azblk 338]

He just has to provide his taxes as is. You dont need to be on them.

[Maltese 0]

Sorry the post was submitted before I finished composing by accident...

 

So here is my case:

My husband (citizen) and I have been married for 2 years now and I have been in the US for this period. Since he's self-employed, took quite sometime to get the tax return ready file only to find out that we are not sure should file as married file separately or jointly. I do not have ITIN. 

 

• Either way since he's been married, should he file tax leaving my ITIN blank?
• How long should we wait till we can file I130 after filing tax? (Making sure IRS accepted his tax return)

[geowrian 22,335]

Without an ITIN or SSN, you cannot file jointly. He can file separately by paper.

I would look into getting an ITIN...it's likely the best option all around.

 

The I-130 can be filed anytime...but I'm assuming you are doing AOS since you are in the US and this was posted in the AOS forum.

If so, you would file an I-130 packet + I-485 packet. The I-485 packet requires the I-864. The I-864 requires the most recent year's tax return copy or transcript.

 

If he has an active extension for filing taxes, he can submit the 2017 return as his most recent return along with a copy of the 2018 extension. They may RFE/RFIE for the 2018 returns by the time they get to reviewing it, but getting the I-485 filed sooner rather than later is important as it grants an authorized stay (I'm assuming you are out of status since you don't have an SSN or ITIN and have been living in the US...?).

[JeanneAdil 6,191]

33 minutes ago, Maltese said:

Sorry the post was submitted before I finished composing by accident...

 

So here is my case:

My husband (citizen) and I have been married for 2 years now and I have been in the US for this period. Since he's self-employed, took quite sometime to get the tax return ready file only to find out that we are not sure should file as married file separately or jointly. I do not have ITIN. 

 

• Either way since he's been married, should he file tax leaving my ITIN blank?
• How long should we wait till we can file I130 after filing tax? (Making sure IRS accepted his tax return)

at tax time which is from January 1st to April 15th,   the immigrant fills out a W7 to get a ITIN and sends to the USC

the USC will add the marriage cerificate and other needed proofs with tax returns

the only time a ITIN can be applied for is when the USC fills out income tax returns