2007 Tax return query

[kss 0]

Hello, I have a query on my filing status for 2007 Tax return.

Now last week I went to local IRS office and the agent told us that as my spouse is eligible to get a SSN I cannot apply for her ITIN ? Is this true ?

I have read on the forums that I can file "Married filing jointly" with a W7 form (ITIN) for my spouse (on a K3 visa - already applied for aos).

One another query is whether I can file the tax return with joint status with my spouse not being in USA for 2007 ( she arrived in Jan 2008 - we got married in 2007). According to this publication shes a non-resident alien -- http://www.irs.gov/pub/irs-pdf/p519.pdf

Would appreciate any help.

[Liebi 0]

Yeah, I heard that before. Happened to a friend of mine.

You can only either have a SSN or a ITIN. A K3 visa holder in the AOS process is eligible for a SSN and cannot have a ITIN for that reason. File for an extension of the deadline to hand in your tax return until your spouse has a SSN.

[kim&james 0]

You will need the EAD to get a SSN.

[LOVEGRIL 0]

I file head of household does any one now if i would have a problems when i go to my interview for the aos.

My hubby now received his ead card and we are going to apply for ss#.

Do i nead to redo my taxes?

He was gone for 1 yr and 1/2 he was gone 2005 and the H&R told I nead to file head of house hold.

Because he was eligible for a SSN .....

[LOVEGRIL 0]

any one?

[terrie/kamal 0]

My husband got here in October of last year and we married. I applied at the end of January for HOH (head of household), and several weeks later he got his ssn. So i then amended my taxes and am now waiting for them to come back. You need to file for an extention, and then when he gets his ssn file your taxes then. Good Luck!

[kss 0]

My husband got here in October of last year and we married. I applied at the end of January for HOH (head of household), and several weeks later he got his ssn. So i then amended my taxes and am now waiting for them to come back. You need to file for an extention, and then when he gets his ssn file your taxes then. Good Luck!

Yea thats what we did. I filed for an extension (6 months) for federal and state return. We will wait for SSN and file as married jointly after that. Also in the publication http://www.irs.gov/pub/irs-pdf/p519.pdf it mentions that even though my spouse dosent pass the resident alien test (green card and residency), she can choose to be a resident for tax purposes. We have to attach a statement to that effect with the tax return.

Also I am not sure how this will effect the stimulus payment we receive. I know that without SSN both spouses dont receive the payment, but am not sure if we receive the rebate; if one spouse is non-resident for the tax year.

Edited March 28, 2008 by kss

[payxibka 10,045]

Also I am not sure how this will effect the stimulus payment we receive. I know that without SSN both spouses dont receive the payment, but am not sure if we receive the rebate; if one spouse is non-resident for the tax year.

Your stimulus payment will be held until after your 2007 return is filed... So if you file an extention your stimulus payment will come 30+ days or so after receipt of your 2007 return

[LOVEGRIL 0]

My husband got here in October of last year and we married. I applied at the end of January for HOH (head of household), and several weeks later he got his ssn. So i then amended my taxes and am now waiting for them to come back. You need to file for an extention, and then when he gets his ssn file your taxes then. Good Luck!

have you receive anything re: amended did it go okay