Individual Taxpayer Identification Number (ITIN)

[Ninja Joe 1]

I just sent my wife's Adjustment of Status application but I'm afraid it won't get approved in time for next year's taxes. I've read that she can apply for an Individual Taxpayer Identification Number (ITIN) so I can claim her as my dependent. How can I get an ITIN for her? How long does it take? 

 

I plan on going to an agency like H&R Block to do my 2020 taxes. If I go with my wife, do they offer services to assist people who don't have SSNs yet to get ITINs?

 

Please advise on what I should do as I want to make sure I have enough time in case applying for an ITIN takes a long time.

[payxibka 10,044]

9 minutes ago, Ninja Joe said:

I just sent my wife's Adjustment of Status application but I'm afraid it won't get approved in time for next year's taxes. I've read that she can apply for an Individual Taxpayer Identification Number (ITIN) so I can claim her as my dependent. How can I get an ITIN for her? How long does it take? 

 

I plan on going to an agency like H&R Block to do my 2020 taxes. If I go with my wife, do they offer services to assist people who don't have SSNs yet to get ITINs?

 

Please advise on what I should do as I want to make sure I have enough time in case applying for an ITIN takes a long time.

Read IRS form W7

[ThomasNC1988 762]

Hopefully you applied for an EAD which SHOULD come in time and you will get an SSN with that. You may also still be able to go apply for one now if her I-94 has not expired.

[Lemonslice 4,553]

When did she enter the US?

[K1visaHopeful 2,662]

You didn't apply for the SSN in person at 14 days after arrival on the K1?

[JeanneAdil 6,197]

RS Form W-9, "Request for Taxpayer Identification Number and Certification" (U.S. citizens and resident aliens), 

 

the ITIN is for non resident aliens 

do not use W7 as the person is in the US

 

if you do not have the SS # by tax time,  use W9 for a TIN that is for legal resident aliens

Edited October 10, 2019 by JeanneAdil

[payxibka 10,044]

3 minutes ago, JeanneAdil said:

RS Form W-9, "Request for Taxpayer Identification Number and Certification" (U.S. citizens and resident aliens), 

 

the ITIN is for non resident aliens 

do not use W7 as the person is in the US

 

if you do not have the SS # by tax time,  use W9 for a TIN that is for legal resident aliens

WRONG.  W9 is used if someone already has an SSN or ITIN and is used by companies to get the number on record.  This is NOT the form to be assigned a number.   That is the W7.

[JeanneAdil 6,197]

11 minutes ago, payxibka said:

WRONG.  W9 is used if someone already has an SSN or ITIN and is used by companies to get the number on record.  This is NOT the form to be assigned a number.   That is the W7.

From this site:

http://www.rfsuny.org/media/RFSUNY/Procedures/pay_taxpayer-identification-number-tin-overview_pro.htm

The ITIN is for non  resident aliens (and certain resident aliens / those working in the US)

Who May Not Obtain an ITIN

Persons who are eligible for and will begin employment in the U.S. or have been lawfully admitted for permanent residence must apply for a Social Security Number and may not obtain an ITIN.

[payxibka 10,044]

Just now, JeanneAdil said:

From this site:

http://www.rfsuny.org/media/RFSUNY/Procedures/pay_taxpayer-identification-number-tin-overview_pro.htm

The ITIN is for non  resident aliens (and certain resident aliens / those working in the US)

Who May Not Obtain an ITIN

Persons who are eligible for and will begin employment in the U.S. or have been lawfully admitted for permanent residence must apply for a Social Security Number and may not obtain an ITIN.

If eligible you must get an SSN.  If you are not eligible then you can get an ITIN.  If not eligible then you request an ITIN using form W7.

 

Currently the OPs wife may be eligible if still with 76 days of US entry. If so, they must go to SSA.  if not,  then they will not be eligible again until green card or EAD.  If an ITIN is needed in the interim,  it is accomplished by submitting a W7.

 

The OP is jumping the gun a little here as he can wait until he files his 2019 taxes and can request at that time.

 

My source is the IRS itself including the W7 form and instructions, not some third party site. 

 

If you look at the W7, top left,  box E.  Spouse of US citizen / resident alien is an eligible category 

[HP+IC 292]

We are in the same boat but for my minor K2 son. I've got SSN through K1 and he has nothing. SSA says wait till you've got SSN through EAD or, try to get an ITIN. I've read lots of info on how to get ITIN and even called IRS to make an appointment with them but to the best of my understanding to submit an ITIN application for a spouse or a dependant you must file a tax return along with it. To not file a return you must be expressly exempt from doing so, which spouse or child applicants are surely not. Again, in my understanding the idea behind this policy is wait until you file annual returns, put your spouse/dependent on it for tax credit with no SSN/ITIN AND apply for ITIN concurrently. Hopefully I am wrong but afraid not

Edited October 10, 2019 by HP+IC