How to file my husband on my taxes if he's not yet in the states? Want to file as Married

[Marshae04 11]

Hello, I hope someone that has been in this situation can help me.  I'm trying to add my husband on my taxes from this year and the year before however; he doesn't have a US Social Security number he only has his NINm (National Identification Number) from Nigeria. My tax guy who is really good and has been doing my taxes for a while now tried to add him and he says that the number he gave me is too long it has two extra numbers on it and there's no way that he can file him on my taxes.  I' m just trying to add him and put that I am married on my taxes so that when we go up for his interview we won't have any delays or issues. Can anyone help me with this? Or has anyone had this issue before? 

[Troy B 223]

He needs an ITIN.  And the number of people that can do that is limited.   I am in the process of getting one for my wife, as she was with me in USA (on a tourist visa) when I filed this year(TY2021).

 

Anyways, read that link for ITIN, and see if Nigeria has any place where that can do the ITIN certification bit.

[Chancy 6,233]

*** Moved from IR1/CR1 Progress Reports to Tax & Finances During US Immigration, where similar topics are discussed ***

 

[Marshae04 11]

26 minutes ago, Troy B said:

He needs an ITIN.  And the number of people that can do that is limited.   I am in the process of getting one for my wife, as she was with me in USA (on a tourist visa) when I filed this year(TY2021).

 

Anyways, read that link for ITIN, and see if Nigeria has any place where that can do the ITIN certification bit.

Does this apply to Nigeria? He would have to file for ITIN number just for me to file him on my taxes? I’m just trying to file married that’s it…..this is all soooo confusing and frustrating at this point. How long does this process takes? And what if we get an interview before this number comes back I need to file my taxes like yesterday.

[Chancy 6,233]

1 hour ago, KayIgbokwe said:

I'm trying to add my husband on my taxes from this year and the year before however; he doesn't have a US Social Security number he only has his NINm (National Identification Number) from Nigeria.

 

If you want to file taxes as MFJ, your husband must have either an SSN or ITIN.  No exception.  His Nigerian number is irrelevant.  If your tax guy is really good, he should know how to apply for ITIN for your husband.

 

Without SSN or ITIN for your husband, you could have filed MFS instead.  Then amend your filing to MFJ after he moves to the US with his immigrant visa and gets his SSN.

 

[Marshae04 11]

2 minutes ago, Chancy said:

 

If you want to file taxes as MFJ, your husband must have either an SSN or ITIN.  No exception.  His Nigerian number is irrelevant.  If your tax guy is really good, he should know how to apply for ITIN for your husband.

 

Without SSN or ITIN for your husband, you could have filed MFS instead.  Then amend your filing to MFJ after he moves to the US with his immigrant visa and gets his SSN.

 

Okay thank you for the info so I can still file MFS until he gets a ITIN number? 

[Crazy Cat 39,358]

22 minutes ago, KayIgbokwe said:

He would have to file for ITIN number just for me to file him on my taxes?

To file as "Married- Filing Jointly", he MUST have either a Social Security number or an ITIN..........You can file "Married- Filing Separately" with only his name.

[Chancy 6,233]

4 minutes ago, KayIgbokwe said:

Okay thank you for the info so I can still file MFS until he gets a ITIN number? 

 

No need for SSN or ITIN for your husband, if you choose to file MFS.

 

[nastra30 2,001]

You can also file MFS (no need for ITIN) now, and amend later on to MFJ (ITIN required) if you want.

[JeanneAdil 6,220]

Been there/  done that

 

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

 

the above site tells u how to file for spouse who does not yet live in the USA

documents needed are listed there like the following

 

u need photo ID (like copy of his passport profile page or photo National ID)

plus copy of your marriage papers 

official language of NIgeria is English but if any of the above are not in English u will need them to have an translation

fill out the W7

these need to be filed with 2021 tax returns 

 

its a good idea to get a POA from him to allow you to do things in his name

 

u must be married in 2021 to add him to taxes 

if tax man filed a 1040 already ,  do a 1040x with documents to correct it

 

 

Tax man may be a good guy but not so good about taxes

Edited May 7, 2022 by JeanneAdil