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Filed: Citizen (apr) Country: Ukraine
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I have a tax question here during the AOS process.  Tax time is just around the corner.  I am getting a bit concerned about my spouse having a SSN in time for me to file and claim her as a dependent.  It seems you cannot get an ITIN if you are eligible for a SSN but there appear to be exceptions but the explanation of these exceptions is a wee bit confusing to me.

 

Are you legally permitted to get your spouse an ITIN for the purposes of filing a tax return (so you can claim the spouse as a dependent) until the GC/EAD process plays itself out and a SSN is finally issued?

 

Edited by TastyCake
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Filed: Country: Vietnam (no flag)
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You can not claim a spouse as a dependent.  You can file a joint tax return with your spouse.  So, your spouse is a joint tax payer and not a dependent.  

 

To get the ITIN, your spouse will need to file a certified copy of her passport from the passport agency in her country or send in the passport.  At this point, it's going to be impossible for her to go home to get a certified copy and you will need her passport for her AOS.  


You will want to file by yourself as married filing separately.  Once she has her SSN, then you can amend your 2019 tax return.  

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Filed: Citizen (apr) Country: Ukraine
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1 minute ago, aaron2020 said:

You can not claim a spouse as a dependent.  You can file a joint tax return with your spouse.  So, your spouse is a joint tax payer and not a dependent.  

 

To get the ITIN, your spouse will need to file a certified copy of her passport from the passport agency in her country or send in the passport.  At this point, it's going to be impossible for her to go home to get a certified copy and you will need her passport for her AOS.  


You will want to file by yourself as married filing separately.  Once she has her SSN, then you can amend your 2019 tax return.  

Sorry... you are absolutely right.  I meant to say file jointly but had dependent in my mind for some reason.

 

Thanks for the guidance.

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Filed: Citizen (apr) Country: Ukraine
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1 hour ago, TastyCake said:

Sorry... you are absolutely right.  I meant to say file jointly but had dependent in my mind for some reason.

 

Thanks for the guidance.

 

 

If the SSA didn't issue you a SS#, then you can get a Letter of Denial. 

 

About certified  copy of your wife's passport -  you can check with the Embassy of Ukraine

https://ny.mfa.gov.ua/en

Not sure if they ever answer the phone, but usually they are pretty good with replying to emails.

 

A lot of Embassies can certify a copy of your passport for you,  but services may vary between countries .

 

So, if the Ukrainian Embassy does it, then you should be able to file a Joint Return:

 

Return has to be mailed. 

Attach Form W-7 to the front of your original Joint Return, along with a Denial Letter from SSA and certified copy of wife's passport. 

Some other documents should be included in the package -  your Marriage license and  Statement of Election to file Joint Return with Nonresident Alien Spouse. Software does it for you .

You also are permitted to include a prepaid Express Mail or courier envelope for faster return delivery. If you want too. 

 

Once you have your wife's ITIN, you can file  your State Income Tax  Return as well. Electronically this time :) 

Edited by Ksenia_O
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Filed: Citizen (apr) Country: Ukraine
Timeline
18 minutes ago, Ksenia_O said:

 

 

If the SSA didn't issue you a SS#, then you can get a Letter of Denial. 

 

About certified  copy of your wife's passport -  you can check with the Embassy of Ukraine

https://ny.mfa.gov.ua/en

Not sure if they ever answer the phone, but usually they are pretty good with replying to emails.

 

A lot of Embassies can certify a copy of your passport for you,  but services may vary between countries .

 

So, if the Ukrainian Embassy does it, then you should be able to file a Joint Return:

 

Return has to be mailed. 

Attach Form W-7 to the front of your original Joint Return, along with a Denial Letter from SSA and certified copy of wife's passport. 

Some other documents should be included in the package -  your Marriage license and  Statement of Election to file Joint Return with Nonresident Alien Spouse. Software does it for you .

You also are permitted to include a prepaid Express Mail or courier envelope for faster return delivery. If you want too. 

 

Once you have your wife's ITIN, you can file  your State Income Tax  Return as well. Electronically this time :) 

 

If the Embassy is unable to certify a copy of the passport, you can also try to apply for ITIN in person, by visiting designated IRS Taxpayer Assistance Centers (TACs). . They can verify original documentation and in this case all originals will be returned to you immediately.

 

 https://www.irs.gov/help/tac-locations-where-in-person-document-verification-is-provided

 

Seems like one is in Boston :) Probably, applying in person is better option for you, than dealing with the Embassy in New York.

 

Good luck!

Edited by Ksenia_O
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Filed: AOS (apr) Country: Colombia
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22 hours ago, aaron2020 said:

You can not claim a spouse as a dependent.  You can file a joint tax return with your spouse.  So, your spouse is a joint tax payer and not a dependent.  

 

To get the ITIN, your spouse will need to file a certified copy of her passport from the passport agency in her country or send in the passport.  At this point, it's going to be impossible for her to go home to get a certified copy and you will need her passport for her AOS.  


You will want to file by yourself as married filing separately.  Once she has her SSN, then you can amend your 2019 tax return.  

WAIT... how is it that you spouse is not a dependent? if he/she can not work, and depends on you? how is that possible?

Edited by Indira/Charlys

 

I-129 F SENT 11/27/2018

NOA 1 12/03/2018

RFE      04/10/2019

RFE REPLY 04/25/2019

NOA 2 05/09/2019

NVC RECEIVED 06/05/2019

CASE # ASSIGNED NVC  06/10/2019

NVC LEFT 06/25/2019

EMBASSY RECEIVED 07/02/2019

K1 INTERVIEW APPROVAL  07/18/2019

USA ENTRY🛬 07/30/2019

MARRIED 🤵💖👰09/13/2019

AOS SENT 10/08/2019

AOS RECEIVED 10/09/2019

AOS NOA 1 10/25/2019

BIOMETRICS 11/20/2019

READY TO INTERVIEW: 12/23/2020

Interview scheduled update 02/20/2020
Interview Scheduled for 04/08/2020
03/31/2020 interview has been cancelled due to COVID19
04/01/20202 case ready to be scheduled for an interview
08/24/2020 Interview has been scheduled
Interview 9/14/2020
I 485 approved 9/14/2020
GC mailed 9/17/2020
GC received 9/21/2020

ROC mailed 09/01/2022

ROC received 09/02/2022

NOA RECEIVED 09/16/2022
 

 

 

 

 

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Filed: Country: Vietnam (no flag)
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Just now, Indira/Charlys said:

WAIT... how is it that you spouse is not a dependent? if he/she can not work, and depends on you? how is that possible?

Because it's in the tax code.  A spouse can only be a joint tax filer.  A spouse can not be a dependent.  

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Filed: AOS (apr) Country: Colombia
Timeline
2 minutes ago, aaron2020 said:

Because it's in the tax code.  A spouse can only be a joint tax filer.  A spouse can not be a dependent.  

got it!!! i had no idea.... ty

 

I-129 F SENT 11/27/2018

NOA 1 12/03/2018

RFE      04/10/2019

RFE REPLY 04/25/2019

NOA 2 05/09/2019

NVC RECEIVED 06/05/2019

CASE # ASSIGNED NVC  06/10/2019

NVC LEFT 06/25/2019

EMBASSY RECEIVED 07/02/2019

K1 INTERVIEW APPROVAL  07/18/2019

USA ENTRY🛬 07/30/2019

MARRIED 🤵💖👰09/13/2019

AOS SENT 10/08/2019

AOS RECEIVED 10/09/2019

AOS NOA 1 10/25/2019

BIOMETRICS 11/20/2019

READY TO INTERVIEW: 12/23/2020

Interview scheduled update 02/20/2020
Interview Scheduled for 04/08/2020
03/31/2020 interview has been cancelled due to COVID19
04/01/20202 case ready to be scheduled for an interview
08/24/2020 Interview has been scheduled
Interview 9/14/2020
I 485 approved 9/14/2020
GC mailed 9/17/2020
GC received 9/21/2020

ROC mailed 09/01/2022

ROC received 09/02/2022

NOA RECEIVED 09/16/2022
 

 

 

 

 

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17 minutes ago, Indira/Charlys said:

got it!!! i had no idea.... ty

You will get a significant reduction in tax burden (in most situations) when filing jointly when your spouse has no income.

Not a newbie but lost my old info years ago) I have been through this process before --all the way through naturalization-- This site has always been a great help to me. 

 

 

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