How do I file my taxes with a spouse who is not yet a resident at this time?

[Chris Chen 1]

 

So my wife and I got married before the pandemic hit.

Regardless of whether I will file the taxes jointly or separately with my wife, she will need an SSN or ITIN.

My wife has received her EAD card and is in the process of applying for the green card.

We’ve seen articles online suggesting that immigrants with an EAD card will also be issued an SSN if they check the yes box on the I-765, which we did.

Yet she never actually received the SSN card. We called the local Social Security Office today and they said it was never sent.

The Social Security Office told me that the first time applicants would have to do a walk into their office in person.

However, the office was closed and we needed to schedule an appointment. They don't have any vacancies right now.

Basically, I need to call them every day to find out if there's a slot open.

I also checked into the ITIN route and the IRS website said that several acceptance agencies might be able to assist me with applying for the ITIN.

I called all the ones in my area but due to the tax season and the difficulty with the government agencies, none of them provided this service at the moment either.

The due date to file taxes is in mid-May and I have no idea how I can do it except to claim filing as a single, which I wasn't in 2020.

My frustrations with both the IRS and the Social Security Office were driving me nuts. I spent all day just waiting for them to pick up the phone and could not rectify the situation.

What can I do to resolve this immigration issue other than suffering yet again the never ending wait from public agencies? 
 

Edited May 4, 2021 by Chris Chen

[Crazy Cat 39,227]

13 minutes ago, Chris Chen said:

Regardless of whether I will file the taxes jointly or separately with my wife, she will need an SSN or ITIN.

That is not completely accurate.  You can file as Married Filing Separately.  In the box for your spouse's SSN, hand-write NRA, then file by regular mail.  

Edited May 4, 2021 by Lucky Cat

[HRQX 4,145]

5 minutes ago, Lucky Cat said:

hand-write NRA

Looks like for 2020 she might actually be a resident alien (for tax purposes) because of the substantial presence test. If so, they cannot input "NRA."

[Chris Chen 1]

5 minutes ago, Lucky Cat said:

That is not accurate.  You can file as Married Filing Separately.  In the box for your spouse's SSN, hand-write NRA, then file by regular mail.  

Is there a way I can file it electronically? I've never filed by mail and don't know if I would miss something. I also have stocks that will make the filing  quite complicated.

 

Nice go Taiwan!

[HRQX 4,145]

20 minutes ago, Chris Chen said:

However, the office was closed and we needed to schedule an appointment. They don't have any vacancies right now.

Basically, I need to call them every day to find out if there's a slot open.

Have you tried calling a different SSA office to see if they have vacancies?

Edited May 4, 2021 by HRQX

[Crazy Cat 39,227]

5 minutes ago, HRQX said:

Looks like for 2020 she might actually be a resident alien (for tax purposes) because of the substantial presence test. If so, they cannot input "NRA."

Oh yes.. "Before the pandemic hit".......

[Chris Chen 1]

1 minute ago, HRQX said:

Have you tried calling a different office to see if they have vacancies?

Hi HRQX,

 

Yes I did. Sadly, other than not picking up, I don't think it will be able to be solve on time (before mid May when tax filing's due) either.

[Chris Chen 1]

2 minutes ago, Lucky Cat said:

Oh yes.. "Before the pandemic hit".......

Forgive me for being poor knowledge at this...I'm really new to immigration laws and not sure whether or not I can put MRA, letting alone knowing what it means.

[Crazy Cat 39,227]

15 minutes ago, HRQX said:

Looks like for 2020 she might actually be a resident alien (for tax purposes) because of the substantial presence test. If so, they cannot input "NRA."

What about filing for an ITIN by mail along with his tax forms?

[HRQX 4,145]

3 minutes ago, Chris Chen said:

I don't think it will be able to be solve on time (before mid May when tax filing's due) either.

File the Extension Forms: https://www.irs.gov/forms-pubs/extension-of-time-to-file-your-tax-return If you are using tax software use a placeholder SSN (but don't FILE the taxes yet) to calculate amount due (if any). SSN range:

Quote

001-01-0001 through 665-99-9999
667-01-0001 through 899-99-9999
750-01-0001 through 763-99-9999
764-01-0001 through 899-99-9999

5 minutes ago, Lucky Cat said:

What about filing for an ITIN by mail along with his tax forms?

With her EAD she is not eligible for ITIN: https://www.irs.gov/instructions/iw7

Quote

Social security numbers.

 

Don’t complete Form W-7 if you have an SSN or if you’re eligible to get an SSN. You’re eligible for an SSN if you’re a U.S. citizen or if you’ve been admitted by the United States for permanent residence or U.S. employment.

 

To get an SSN, see Form SS-5, Application for a Social Security Card. To get Form SS-5 or to find out if you’re eligible to get an SSN, go to SSA.gov or contact a Social Security Administration (SSA) office.

 

If you have an application for an SSN pending, don’t file Form W-7. Complete Form W-7 only if the SSA notifies you that you’re ineligible for an SSN.

 

If the SSA determines that you’re not eligible for an SSN, you must get a letter of denial and attach it to your Form W-7. This applies whether you’re attaching Form W-7 to your U.S. federal tax return or not. However, students, professors, and researchers, see information for box f, later.

[Chris Chen 1]

8 minutes ago, HRQX said:

File the Extension Forms: https://www.irs.gov/forms-pubs/extension-of-time-to-file-your-tax-return If you are using tax software use a placeholder SSN (but don't FILE the taxes yet) to calculate amount due (if any). SSN range:

With her EAD she is not eligible for ITIN: https://www.irs.gov/instructions/iw7

Omg thank you for the info you might be saving me here.

 

So I confirmed with my wife again; she still has the student VISA F-1 until Aug 2022. although she's basically graduated this year. Does that qualify her for being NRA( I just googled and understood)

 

Good to know that she can't go to the ITIN route now. I can file my tax 1. through software/online services like Turbotax or freetaxusa.com, but also 2. Apply for extension of the tax-filing(does that mean I won't be able to receive deduction afterwards?). In the mean time, my wife would still need to apply for SSN?

[JeanneAdil 6,197]

you do not need an agency to file for the ITIN   /  you fill out the W7 form and send it in with supporting documents (list on the following site) for the W7 instructions -page 3

 

need to file paper route as internet sites have no way to send this supporting documentation

 

its not hard

[Ayrton 965]

3 hours ago, JeanneAdil said:

you do not need an agency to file for the ITIN   /  you fill out the W7 form and send it in with supporting documents (list on the following site) for the W7 instructions -page 3

 

need to file paper route as internet sites have no way to send this supporting documentation

 

its not hard

They can't file for ITIN.

[Ayrton 965]

3 hours ago, Chris Chen said:

Omg thank you for the info you might be saving me here.

 

So I confirmed with my wife again; she still has the student VISA F-1 until Aug 2022. although she's basically graduated this year. Does that qualify her for being NRA( I just googled and understood)

 

Good to know that she can't go to the ITIN route now. I can file my tax 1. through software/online services like Turbotax or freetaxusa.com, but also 2. Apply for extension of the tax-filing(does that mean I won't be able to receive deduction afterwards?). In the mean time, my wife would still need to apply for SSN?

Keep calling different social security offices, even if you have to drive a couple hours. One will give you an appointment since filing tax is considered an emergency.

[JeanneAdil 6,197]

13 hours ago, Ayrton said:

They can't file for ITIN.

according to IRS on the IRS site  he can

 

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

Do I need an ITIN?

• U.S. resident alien who is (based on days present in the United States) filing a U.S. tax return