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sjfoley1

question about taxes for spouse who is awaiting AOS

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Hi all, we are at the point now in my husbands AOS that we are just waiting for an interview date to be assigned - we are not anticipating it to happen any time soon as we just sent his application off in October. Does anyone have any experience with getting their spouse an individual tax identification number (ITIN) from the IRS? We know he qualifies to receive one as he meets the "substantial presence" test which basically states he has spent enough time in the US over the past 3 years to be able to file a tax return, which will allow us to file as "married filing jointly". I am mostly confused as to when he needs to apply for it - some things I am reading state the application should be sent with the tax return but I am not finding that is true 100% of the time. Just looking to see if anyone else has gone through this process and what your experience is.

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22 minutes ago, sjfoley1 said:

Hi all, we are at the point now in my husbands AOS that we are just waiting for an interview date to be assigned - we are not anticipating it to happen any time soon as we just sent his application off in October. Does anyone have any experience with getting their spouse an individual tax identification number (ITIN) from the IRS? We know he qualifies to receive one as he meets the "substantial presence" test which basically states he has spent enough time in the US over the past 3 years to be able to file a tax return, which will allow us to file as "married filing jointly". I am mostly confused as to when he needs to apply for it - some things I am reading state the application should be sent with the tax return but I am not finding that is true 100% of the time. Just looking to see if anyone else has gone through this process and what your experience is.

Read from w7.  Itin is applied for WITH the tax return 


YMMV

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On ‎11‎/‎3‎/‎2019 at 7:59 PM, Nitas_man said:

Usually the SS number is applied for after the EAD card is received.  Rare for a spouse to need ITIN

my husbands EAD estimate is not until next year, so he will not have a SSN in time for tax return season. I want to be able to file 'married filing jointly', since that's what we are. the ITIN allows us to do that.

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4 hours ago, sjfoley1 said:

my husbands EAD estimate is not until next year, so he will not have a SSN in time for tax return season. I want to be able to file 'married filing jointly', since that's what we are. the ITIN allows us to do that.

Application in October almost assures EAD /SS by April.
 

Nita arrived in Jan the year after we got married.  EAD/SS didnt arrive until early summer of that first year.  In order to keep the SS file and tax records intact and tied to one tax number we just waited for the SS card to come in and filed late.  
 

Every year you file jointly earns 4 credits of SS for your spouse.  We didnt want to lose that first year with a record hangup between an ITIN and SS number.


There is no penalty with filing late or even not filing at all LOL (if) a refund is owed.  
 

ITIN is usually applicable when the spouse is stuck overseas for years.  Not your situation.  Hence the comment.

 

NOTE:  You can file MFS if your husband never stepped foot on US soil.  Requires no presence at all.

Edited by Nitas_man

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