ITIN or wait for SSN and EAD?

[PJD 3]

Hi Everyone 

 

I entered on a K-1 and married within 90 days, that was over 3 years ago. I'm just in the process of preparing my AOS and EAD.

 

My question is, we're about to file a joint tax return, which are ready to e-file. and obviously I need either a ITIN or SSN before we can submit our taxes, the ITIN seems overly complicated, as declarations and other nonsense have to be attached to file jointly. Should I just file for my EAD and SSN right away instead and file a tax extension if need be? or still go through with an ITIN which may take almost as long and possibly cause more confusion.

 

Any advice would be appreciated.

[Lemonslice 4,555]

How did you file last year(s)?

 

Why not send you AOS now, and worry about the taxes later, since the due date had been extended?  

[PJD 3]

I think you're right. Last year my wife filed as married filing separately and I didn't file as I didn't earn anything for 2018 taxes. 2019 is the first time we're filing jointly. Plus again I didn't have either an ITIN or SSN

Edited April 9, 2020 by PJD

[B&C2017 123]

24 minutes ago, PJD said:

I think you're right. Last year my wife filed as married filing separately and I didn't file as I didn't earn anything for 2018 taxes. 2019 is the first time we're filing jointly. Plus again I didn't have either an ITIN or SSN

How were you able to have an income in 2019 without Greencard (as your just now in the AOS process)?

Maybe I understood your sentence wrong.

[PJD 3]

Thats ok, Yes you did misunderstand, I did NOT have any earnings for past years.

[B&C2017 123]

21 minutes ago, PJD said:

Thats ok, Yes you did misunderstand, I did NOT have any earnings for past years.

Oh ok, thanks for the clarification... In that case I would go ahead and file the AOS with EAD and SSN. 
 

Please note though, that I think you DO NEED a SSN or ITIN to file jointly. So you might have to file seperate again. 
See IRS page "If your spouse is a nonresident alien and you file a joint or separate return, your spouse must have either a Social Security Number (SSN) or an Individual Taxpayer Identification Number (ITIN)."

 

I belive as long as you do not have the green card, you'd be a nonresident alien. Why didn't you submit to AOS earlier? 3 years seem a long time. Aren't you out of status since your marriage since you didn't file AOS  yet(just to be curious, not familiar with the AOS process per se).

Also note that the decision to file jointly is something that needs to be consistently done afterwards (for a few years I believe). Good luck with everything!

Edited April 9, 2020 by B&C2017
Additional text

[PJD 3]

Yes I do need an ITIN or SSN to file jointly, that's mainly my question to anyone really. With a tax extension I have about 6 months for my SSN via my EAD to arrive, so hopefully that will be enough time to then file our taxes.  

[NikLR 13,220]

~~moved to taxes and finances from AOS~~

[debbiedoo 2,339]

why have you waited 3 years to file for AOS? You have been out of status a LONG time now. not that that, in itself is a big issue, but I too, think you have to have a SS or ITIN # to file taxes, even if filing married, filing separately. Im not a tax expert so i could be wrong but i think that is how it is done. if so, and your spouse has been filing single, that can cause issues down the road possibly. one year of that, if the marriage was right at the end of the year... might not be a big issue. but 3 consecutive years could be seen as a much larger issue.

 

File for AOS NOW, then once you get SS# have your wife go back and amend taxes so they are correct and file this years taxes (this year is not due until aug 15). You may end up owing, just so you know....

 

Keep in mind also, your wife will only receive the stimulus check for herself, and you will not get one (if the two of you were counting on a $2400 stimulus instead of $1200)

[Dashinka 23,246]

I would send in the AOS as soon as you can since it will help your status.  As to taxes, get the ITIN since you and your spouse want to file jointly.  Getting an SSN at this point will take much longer since you have to wait for the EAD/AP before you can apply given your current immigration status.

 

Good Luck!

[PJD 3]

Thanks for your reply, the SSN now comes with or very shortly after the EAD card, about two weeks after. So i'd be looking at it arriving in about 4 months or so. The ITIN takes about 10 weeks to process, and I'm concerned it's going to cause great confusion having an ITIN and SSN on file. For the sake of a few months, I think I'll just wait for my SSN to arrive and file an extension for taxes, giving us 6 months.

[Crazy Cat 39,249]

5 hours ago, B&C2017 said:

I belive as long as you do not have the green card, you'd be a nonresident alien.

I don't think a person who has been on US soil for 3 years can be considered a nonresident alien for tax purposes.

Edited April 9, 2020 by Lucky Cat

[B&C2017 123]

12 minutes ago, Lucky Cat said:

I don't think a person who has been on US soil for 3 years cannot be considered a nonresident alien for tax purposes.

Yeah, I figured that. But I doubt IRS has a categorization for out of status individuals living in the US legal.. ☺️

OG has no SSN, ITIN or anything else. So what I meant to say is that the joint filing most likely won’t be possible (especially from a timeline perspective as we’re already in April).

[B&C2017 123]

1 hour ago, debbiedoo said:

why have you waited 3 years to file for AOS? You have been out of status a LONG time now. not that that, in itself is a big issue, but I too, think you have to have a SS or ITIN # to file taxes, even if filing married, filing separately. Im not a tax expert so i could be wrong but i think that is how it is done. if so, and your spouse has been filing single, that can cause issues down the road possibly. one year of that, if the marriage was right at the end of the year... might not be a big issue. but 3 consecutive years could be seen as a much larger issue.

 

File for AOS NOW, then once you get SS# have your wife go back and amend taxes so they are correct and file this years taxes (this year is not due until aug 15). You may end up owing, just so you know....

 

Keep in mind also, your wife will only receive the stimulus check for herself, and you will not get one (if the two of you were counting on a $2400 stimulus instead of $1200)

Married filing separate doesn’t require a ITIN or SNN. We live abroad and I have neither one of them and it’s the second year in a row we filed like that. Tax guy said it’s not required as well.

[Crazy Cat 39,249]

7 minutes ago, B&C2017 said:

OG has no SSN, ITIN or anything else. So what I meant to say is that the joint filing most likely won’t be possible (especially from a timeline perspective as we’re already in April).

Agree