Please help taxes and still waiting for uscis approve my papers

[Jennifer & Jared 1]

Hi everyone, o need help,my husband it's doing his taxes and we don't know how to do it,if together, separate,etc.., and i don't have social security number, i put the option of uscis do it for me in my form for work permit, it's not being approve yet. Please anybody can help me.

Hola a todos, necesito ayuda, mi esposo está haciendo sus impuestos y no sabemos cómo hacerlo, si juntos, separados, etc., y no tengo número de seguro social, puse la opción de uscis en mi formulario de permiso de trabajo para que ellos lo hicieran, aún no esta aprobado. Por favor, alguien puede ayudarme 

[Crazy Cat 39,796]

****Moved to Tax and Finances During US Immigration***

One option is for him to file as Married-Filing separately now.  He can then amend to a joint return after you receive your SSN.  

[HRQX 4,145]

14 minutes ago, Jennifer & Jared said:

Hi everyone, o need help,my husband it's doing his taxes and we don't know how to do it,if together, separate,etc..

It's in his best interest to wait a bit longer for your EAD approval and subsequent SSN issuance. Tax deadline is until April 15. NBC is currently processing I-765 filed in May: https://egov.uscis.gov/processing-times/

 

With a SSN you can also claim Recovery Rebate credit.

Edited February 9, 2021 by HRQX

[Crazy Cat 39,796]

Just now, HRQX said:

It's in his best interest to wait a bit longer for your EAD approval and subsequent SSN issuance. Tax deadline is until April 15. NBC is currently processing I-765 filed in May: https://egov.uscis.gov/processing-times/

Agree......waiting is far less hassle than filing separately and later amending.

[Jennifer & Jared 1]

16 minutes ago, Lucky Cat said:

****Moved to Tax and Finances During US Immigration***

One option is for him to file as Married-Filing separately now.  He can then amend to a joint return after you receive your SSN.  

Will he have any penalty for doing that?, In the 3 options he has, all of them ask for my social security number 😕

[Crazy Cat 39,796]

1 minute ago, Jennifer & Jared said:

Will he have any penalty for doing that?, In the 3 options he has, all of them ask for my social security number 😕

I would just wait as @HRQX suggested, then file a joint return.

[JeanneAdil 6,288]

Looking at your timeline ,  the biometrics isn't done yet but scheduled for 2/12/21 and you have a long wait ahead for your AOS process/ i doubt a SS# will come before April 15th which is just a little over months away

 

In this case i would follow IRS guidelines for getting the ITIN for Resident alien spouse of USC / its not that hard to do but you do have to paper file to send in the supporting documents

and in your case filing MFJ is a bigger refund

 

https://www.irs.gov/individuals/individual-taxpayer-identification-number

Edited February 9, 2021 by JeanneAdil

[Jennifer & Jared 1]

1 hour ago, JeanneAdil said:

Looking at your timeline ,  the biometrics isn't done yet but scheduled for 2/12/21 and you have a long wait ahead for your AOS process/ i doubt a SS# will come before April 15th which is just a little over months away

 

In this case i would follow IRS guidelines for getting the ITIN for Resident alien spouse of USC / its not that hard to do but you do have to paper file to send in the supporting documents

and in your case filing MFJ is a bigger refund

 

https://www.irs.gov/individuals/individual-taxpayer-identification-number

Thank you so much for your help ☺️

[Jennifer & Jared 1]

1 hour ago, Lucky Cat said:

I would just wait as @HRQX suggested, then file a joint return.

Thank you for your help and take time to answer me, just worries me that will get approve way after the time limit for the taxes tho

[Crazy Cat 39,796]

Just now, Jennifer & Jared said:

Thank you for your help and take time to answer me, just worries me that will get approve way after the time limit for the taxes tho

Your husband must file by April 15th.  If he chooses to file as "Married- Filing Separately", he must hand-print "NRA" in the space for your SSN.  He must then mail the tax return to the IRS.

[JeanneAdil 6,288]

Read that IRS post as it says this about the 1st year u have to file as married 

I don't believe you have a choice in the matter

It also says you can not file as single

• You must file a joint income tax return for the year you make the choice (but you and your spouse can file joint or separate returns in later years).

[guzi0024 1]

Request an extension to file taxes if you have not received your SSN by April. You will then have until October 15th to file, which should be enough time to receive your SSN. If you owe any taxes, those still have to be paid by April 15th though. 

[HRQX 4,145]

1 hour ago, JeanneAdil said:

I don't believe you have a choice in the matter

They do have a choice: MFJ or MFS. The part you quoted is for nonresident alien making the election to be treated as a resident alien. But OP already is a resident alien for tax purposes because of the Substantial Presence test:

• https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test
• https://www.visajourney.com/timeline/profile.php?id=330186 US entry was on March 19

[JeanneAdil 6,288]

4 hours ago, HRQX said:

They do have a choice: MFJ or MFS. The part you quoted is for nonresident alien making the election to be treated as a resident alien. But OP already is a resident alien for tax purposes because of the Substantial Presence test:

• https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test
• https://www.visajourney.com/timeline/profile.php?id=330186 US entry was on March 19

Publication 519   page 9 for spouse who chooses to claim resident alien as they have a spouse visa and not a SS# 

 

• You and your spouse must file a joint return for the year of the choice.

[HRQX 4,145]

6 minutes ago, JeanneAdil said:

Publication 519   page 9 for spouse who chooses to claim resident alien as they have a spouse visa and not a SS# 

 

• You and your spouse must file a joint return for the year of the choice.

They still have the choice of either MFJ or MFS. https://www.irs.gov/publications/p519

Choosing Resident Alien Status

If you are a dual-status alien, you can choose to be treated as a U.S. resident for the entire year if all of the following apply.

• You were a nonresident alien at the beginning of the year.

• You are a resident alien or U.S. citizen at the end of the year.

• You are married to a U.S. citizen or resident alien at the end of the year.

• Your spouse joins you in making the choice.

This includes situations in which both you and your spouse were nonresident aliens at the beginning of the tax year and both of you are resident aliens at the end of the tax year.

Note.

 

If you are single at the end of the year, you cannot make this choice.

If you make this choice, the following rules apply.

• You and your spouse are treated as U.S. residents for the entire year for income tax purposes.

• You and your spouse are taxed on worldwide income.

• You and your spouse must file a joint return for the year of the choice.

• Neither you nor your spouse can make this choice for any later tax year, even if you are separated, divorced, or remarried.

• The special instructions and restrictions for dual-status taxpayers in chapter 6 do not apply to you.

 

Note.

 

A similar choice is available if, at the end of the tax year, one spouse is a nonresident alien and the other spouse is a U.S. citizen or resident. See Nonresident Spouse Treated as a Resident , later. If you previously made that choice and it is still in effect, you do not need to make the choice explained here.

 

 

The above is a choice. I.e. they can choose not to. Also: "OP already is a resident alien for tax purposes because of the Substantial Presence test"

Edited February 10, 2021 by HRQX