Hello!
My husband entered US with B2 visa and we sent AOS application to USCIS including work permit app as well..
we haven't even received a receipt notice from USCIS as of yet and I'm trying to file 2020 tax return.
I couldn't find exact same question so I wanted to ask you guys about this.
I understood that since my husband doesn't have SSN or ITIN number. I can file a tax return married but separately.
However, It won't let me file without his SSN or ITIN number. (it won't proceed further from it)
I read IRS and it says that he can only apply for ITIN number if he doesn't qualify for SSN.. but we filed work permit with AOS and I understood as "well.. he is qualified since he applied for AOS.." so we can't apply for ITIN number.. but then, he is technically here with B2 visa which makes him non-resident.. he might not be qualified for SSN at this moment too. (P.S I'm a permanent resident)
Do you guys think it's okay to apply for ITIN number?
I really appreciate your help!! thank you!