tAXES

[Budmarine2003 0]

Hello,

I am trying to file my taxes for this year but my wife doesn't have an SSN yet. I was going to use my tax money to get her AOS. What is the fastest way to get this years taxes filed?

[khaandyce 0]

Hi,

My husband and I filed our taxes jointly and I didn't have a SSN. Our tax guy filled out a W7 which I signed and it is sent together with the tax return and about 2 weeks later I got a letter from the IRS giving me an ITIN - a tax number.

Hope that helps.

[YuAndDan 153]

You can file jointly by filing W7 with your return requesting ITIN.

K-1 can get SSN within 76 days of entry on the K-1 visa, why did you not get an SSN then?

I believe to take advantage of the stimulus rebate, you need SSN.

Limitation

To be eligible for a stimulus payment, taxpayers must have valid Social Security numbers. Anyone who does not have a valid Social Security number, including those who file using an Individual Taxpayer Identification Number (ITIN), an Adoption Taxpayer Identification Number (ATIN) or any other identification number issued by the IRS is not eligible for this payment.

http://www.irs.gov/newsroom/article/0,,id=179095,00.html Edited March 10, 2008 by YuAndDan

[rin and john 71]

You can file jointly by filing W7 with your return requesting ITIN.

K-1 can get SSN within 76 days of entry on the K-1 visa, why did you not get an SSN then?

I believe to take advantage of the stimulus rebate, you need SSN.

Limitation

To be eligible for a stimulus payment, taxpayers must have valid Social Security numbers. Anyone who does not have a valid Social Security number, including those who file using an Individual Taxpayer Identification Number (ITIN), an Adoption Taxpayer Identification Number (ATIN) or any other identification number issued by the IRS is not eligible for this payment.

http://www.irs.gov/newsroom/article/0,,id=179095,00.html

Correct, you will need an ITIN if you do not qualify for a SSN. You cannot get an ITIN if you are eligible to get a SSN. I got one last year for Rin and it took 8 to 10 weeks for the ITIN and another 10 to 12 weeks to get my return. You cannot file your taxes electronically when using an ITIN. I filed my taxes last year in June and got my refund in November.

Your options appear to be:

1) Get an ITIN and file taxes (done together)

2) File your AOS including EAD, wait for the EAD (less than 90 days), get a SSN (takes less than two weeks), then file your taxes (would probably have to file for the automatic 6 month extension since there is not enough time to get all of this done before April 15th).

If you choose item 1 and wait 3 to 4 months for your return before filing AOS, you might run into issues with the delay from marriage until AOS application. I have no idea what the issues are since Rin was a K3 visa (we have not filed AOS; her visa is valid until April 2009). I believe AOS is supposed to be done in a timely manner after you are married on a K1 visa, I just don't know what the limitations are (other than the guides here say that your spouse will be "out of status" once their K1 expires).

One other option that comes to mind would be to use a tax preparer that provides instant returns if you cannot finance the AOS application any other way (that would be my last option). It will cost you part of your refund, but would allow you to file the AOS quickly.

The issue about the stimulus rebate is correct. You won't receive it automatically without valid SSN's for both you and your spouse on your return. But you will be able to get it next year for 2007 if your spouse gets a SSN any time this year (or next).

From the IRS website:

"Can you use an ITIN instead of an SSN? Taxpayers with an Individual Taxpayer Identification Number (ITIN) instead of an SSN are not eligible to receive a stimulus payment. Both people listed on a "married filing jointly" return must have valid SSNs to qualify for the payment — if only one has a valid SSN, neither can receive the payment.

Not eligible at the current time? If your circumstances change and you become eligible after you file your 2007 federal tax return, you can always file an amended return using Form 1040X. If you're not eligible this year but you become eligible next year, you can claim the economic stimulus payment next year on your 2008 tax return."

Best regards,

John

Edited March 10, 2008 by rin and john