Can we file our 2008 tax return now even I don't have SSN?

[jhunjhun 7]

We got all of my wife's W-2s for 2008 and just wondering if somebody will enlighten us of what we should do. Our interview is on Feb 11...my wife's income for 2007 was below the poverty line but her 2008 was above ....we would like to ask for advice if we need to file our 2008 tax return even I don't have SSN and I'll apply for ITIN before our interview date.

Which one would be taken into great consideration? Filing our 2008 tax return beofre our interview date and apply for ITIN? OR I should wait until I'm eligible to apply for SSN and file later?

Does anyone here that had their interview recently can tell me if income for 2008 is relevant at this time? We will likely be denied if the IO will rely on my wife's 2007 income tax return.

I had an headache right now...I can't think of something else to ask..... Thank you so much!

[Nich-Nick 3,354]

I think a good 2008 return would be very important to show at the interview. Wife can file married filing separately now and correct the return with a 1040X later after your SSN. If they ask why both aren't on the return, tell them she chose to file and you didn't have a SSN or ITIN.

Actually I've seen people post that they file a return and apply for the ITIN with the return. It goes to Austin?? maybe and takes a little longer if you're expecting a refund, but all gets sorted together. Hopefully ones who have done that will reply more specifically.

[Reba 2]

File 2008 now and include a W7 form to get you an ITIN. Don't wait until you can get an SSN, because that won't be until after your AOS is granted. If it's denied, you won't be eligible for a SSN.

The IRS will sed ou a letter with your ITIN in just a couple weeks. The sooner you get the return submitted, the quicker you'll have it back.

All USCIS needs is evidence of her income. A copy of the W2 will suffice for that, plus any paystubs from this year, and herr tax returns for 2007.

[payxibka 10,045]

We got all of my wife's W-2s for 2008 and just wondering if somebody will enlighten us of what we should do. Our interview is on Feb 11...my wife's income for 2007 was below the poverty line but her 2008 was above ....we would like to ask for advice if we need to file our 2008 tax return even I don't have SSN and I'll apply for ITIN before our interview date.

Which one would be taken into great consideration? Filing our 2008 tax return beofre our interview date and apply for ITIN? OR I should wait until I'm eligible to apply for SSN and file later?

Does anyone here that had their interview recently can tell me if income for 2008 is relevant at this time? We will likely be denied if the IO will rely on my wife's 2007 income tax return.

I had an headache right now...I can't think of something else to ask..... Thank you so much!

Filing your tax return gets you nothing additional over a prepared return because it is not due yet nor is the information even verifiable by the IRS for quirte some time... If you want, simply prepare your return as if you will file it and present it if and when asked.

[Melrose Plant 1]

File 2008 now and include a W7 form to get you an ITIN. Don't wait until you can get an SSN, because that won't be until after your AOS is granted. If it's denied, you won't be eligible for a SSN.

That can't be right, because my wife has a SSN (in fact, I'm looking at the card right now), but the AOS case is still pending.

[payxibka 10,045]

File 2008 now and include a W7 form to get you an ITIN. Don't wait until you can get an SSN, because that won't be until after your AOS is granted. If it's denied, you won't be eligible for a SSN.

That can't be right, because my wife has a SSN (in fact, I'm looking at the card right now), but the AOS case is still pending.

because you arrived on K-1 and the OP is adjusting from a different status type.

[c_and_a 0]

I don't know if it even makes any difference. My 2007 income was below the poverty line and my 2008 income was WAY above it, and I was advised by a lawyer to find a co-sponsor after the IO "continued" our case because my interview was before my W-2's were given to me. It's definitely worth a shot, though.

[rin and john 71]

Filing your tax return gets you nothing additional over a prepared return because it is not due yet nor is the information even verifiable by the IRS for quirte some time... If you want, simply prepare your return as if you will file it and present it if and when asked.

Agreed. We did exactly that for Rin's consulate interview (I had 2006 return prepared but not filed - I did clearly mark it as a "preliminary copy"). The W-2 and a letter from your employer will prove income.

To the OP - Regarding filing taxes, since the submitted return will not do you any good (well at least not anything that a completed, unsubmitted return would), I would wait to file until after the GC is received and you can get a SSN. That way you and your spouse can file MFJ and you can get the recovery tax rebate (up to $600 for you).

[jhunjhun 7]

Thank you so much for all the replies.....very informative byt ti's hard to choose....i'm hoping for more inputs and suggestions...thank you so much!