AOS and Taxes Question (merged)

[Joe30 17]

If Spouse is AOS and no SSN issued yet, how would one go about filing taxes for 2022? (Married in 2021) 

[Crazy Cat 39,284]

****I moved this topic to Tax and Finances During US Immigration discussion area***

 

You have 2 choices when foreign spouse does not have a SSN.

1.  Apply for ITIN (with the tax return) for the spouse which will allow you to file a Married- Filing Jointly tax return.

2.  You can file "Married-Filing Separately".

Edited December 21, 2021 by Crazy Cat

[Joe30 17]

4 minutes ago, Crazy Cat said:

****I moved this topic to Tax and Finances During US Immigration discussion area***

 

You have 2 choices when foreign spouse does not have a SSN.

1.  Apply for ITIN (with the tax return) for the spouse which will allow you to file a Married- Filing Jointly tax return.

2.  You can file "Married-Filing Separately".

Thank you for moving it to the right spot.

 

would you know how long IITN generally takes? 

[Crazy Cat 39,284]

Just now, Joe30 said:

Thank you for moving it to the right spot.

 

would you know how long IITN generally takes? 

You file the application along with the tax return......I'm not sure how long it delays the processing.

[Joe30 17]

1 hour ago, Crazy Cat said:

You file the application along with the tax return......I'm not sure how long it delays the processing.

i'd like to file jointly. Wait for SSN or fill our ITIN

[JeanneAdil 6,203]

 

the rules and the W7 form have changed

 

and i don't take my update classes till January 2022 and in 2020 and 2021 ,  i couldn't because of covid (canceled)

 

I can not find the IRS site but another member pointed out that if the person is a legal US resident and eligible for SS # (but not yet received one)  they cannot apply for ITIN

IRS site does little to explain  in this situation

it goes into detail for nonresident alien spouse but not a resident who is waiting 

so i would call IRS

800-829-0922.

 

The following is all i could find from \

 

https://sclegal.org/brochures/file-a-tax-return-without-ssn-itin/

 

Who Can Qualify for an ITIN?

• Do not ask for an ITIN if you are a citizen, permanent resident, or authorized to work in the United States.

Edited December 21, 2021 by JeanneAdil

[Joe30 17]

1 hour ago, JeanneAdil said:

 

the rules and the W7 form have changed

 

and i don't take my update classes till January 2022 and in 2020 and 2021 ,  i couldn't because of covid (canceled)

 

I can not find the IRS site but another member pointed out that if the person is a legal US resident and eligible for SS # (but not yet received one)  they cannot apply for ITIN

IRS site does little to explain  in this situation

it goes into detail for nonresident alien spouse but not a resident who is waiting 

so i would call IRS

800-829-0922.

 

The following is all i could find from \

 

https://sclegal.org/brochures/file-a-tax-return-without-ssn-itin/

 

Who Can Qualify for an ITIN?

• Do not ask for an ITIN if you are a citizen, permanent resident, or authorized to work in the United States.

Can someone else verify this? 
because Idk when SSN will be issued and The tax deadline may be missed

[Joe30 17]

Guys, 

 

Is there a guide on VJ available with detailed instructions on the steps required to request an ITIN? Sorry if this has been asked before but I just want to be thorough! Thanks

[Joe30 17]

4 hours ago, Crazy Cat said:

****I moved this topic to Tax and Finances During US Immigration discussion area***

 

You have 2 choices when foreign spouse does not have a SSN.

1.  Apply for ITIN (with the tax return) for the spouse which will allow you to file a Married- Filing Jointly tax return.

2.  You can file "Married-Filing Separately".

I've just read that one shouldn't apply for ITIN if SSN has not been issued yet

[Merica-n 65]

The best way to get an ITIN is to go through an acceptance agent.  Details on the acceptance agent program can be found here, the listings by state are at the bottom of the page.  If you contact one in your area, they can help your process it:

 

https://www.irs.gov/individuals/international-taxpayers/acceptance-agent-program

 

This is the best way to get an ITIN, because they can review and make photocopies of your documents and you won't have to mail any documents and be without them or risk loss, and they will handle the process for you. 

 

Please note that anyone eligible for a social security number should not apply for an ITIN.

[Joe30 17]

4 hours ago, Crazy Cat said:

****I moved this topic to Tax and Finances During US Immigration discussion area***

 

You have 2 choices when foreign spouse does not have a SSN.

1.  Apply for ITIN (with the tax return) for the spouse which will allow you to file a Married- Filing Jointly tax return.

2.  You can file "Married-Filing Separately".

IRS site says ITIN is a 9 digit number is for people who are not eligible to get SSN.

 

In the case of AOS and EAD... it is pending, neither approved or denied, in process

[Joe30 17]

1 minute ago, Merica-n said:

The best way to get an ITIN is to go through an acceptance agent.  Details on the acceptance agent program can be found here, the listings by state are at the bottom of the page.  If you contact one in your area, they can help your process it:

 

https://www.irs.gov/individuals/international-taxpayers/acceptance-agent-program

 

This is the best way to get an ITIN, because they can review and make photocopies of your documents and you won't have to mail any documents and be without them or risk loss, and they will handle the process for you. 

 

Please note that anyone eligible for a social security number should not apply for an ITIN.

What does it mean when they mention "not eligible"?

 

does it mean if someone was denied? Or does not meet requirements anymore?

[Joe30 17]

4 hours ago, Crazy Cat said:

****I moved this topic to Tax and Finances During US Immigration discussion area***

 

You have 2 choices when foreign spouse does not have a SSN.

1.  Apply for ITIN (with the tax return) for the spouse which will allow you to file a Married- Filing Jointly tax return.

2.  You can file "Married-Filing Separately".

Also, if spouse has earned no income, how can filing be done separately?

[JeanneAdil 6,203]

If you are doing AOS,  because it was a K1 and marriage here,  u should have applied for SS # within the 1st 90 days with the I 94 as now the spouse is eligible for SS # and no longer a nonresident alien spouse for a ITIN

 

ITIN are for non resident alien spouse or those foreign workers who need to pay into SS while they are in the US working

 

https://www.irs.gov/individuals/international-taxpayers/nonresident-spouse

[Merica-n 65]

2 hours ago, Joe30 said:

What does it mean when they mention "not eligible"?

Generally, social security numbers are issued to all US Citizens, or non-citizens that are authorized to work in the United States (including Legal Permanent Residents).  Source:  https://www.ssa.gov/pubs/EN-05-10096.pdf

 

Anyone that you've brought over through a family visa will presumably receive work authorization and thus be eligible for a social security card and not eligible for an ITIN.  Generally those people can apply for a social security card when adjusting status to a legal permanent resident or applying for work authorization.

 

In my experience, there are three main categories of people who get ITINs:

1.  People who are here, and are not authorized to work, but work anyways, and are still required to file a tax return by law.
2.  People who live and reside in foreign countries, but have assets or income here, and are required to file a tax return.

3.  People who are the parents, children or other close relatives of US taxpayers and are being supported by them and need the ITIN so the US taxpayer can receive a tax benefit.

 

Note:  For certain tax benefits, it's important to have your taxpayer identification number (SSN or ITIN) issued before the due date for the return including extensions, so you should generally apply quickly for social security numbers or ITINs to make sure you preserve any tax benefits, and consider whether filing an extension will grant you a benefit if you are still waiting for the number at the normal tax deadline.

Edited December 22, 2021 by Merica-n