Joint Tax Return without SSN

[Anonymous NY 1]

Oh I am getting so paranoid gathering documents for the AOS interview in two weeks. I would be most grateful for any of your advice or experience sharing!

How do we file joint tax return without a SSN in a most efficient way (in the sense that we will get some kind of black and white notice as proof)?

TIA!

[emma88 0]

use his passport number...to file tax jointly thts wat im doing

[Anh map 2,098]

you need either an SSN or ITIN (individual taxpayer identification number) for each person on the tax return.

See this link: http://www.irs.gov/taxtopics/tc857.html

[ajay416 0]

We were in the same situation, but luckily my EAD just got here so I applied for an SSN. I was told by HR block that the only way you could do it is by getting an ITIN, that was what we were planning to do, if we didn't get the EAD in time.

[Old Dominion 26]

It is necessary to complete IRS form W-7, and send it with your joint tax return. Your spouse will be assigned a TIN, and the return will be processed. This means you don't file online, but send the stuff by snail mail. No other number but a TIN or SSN will be acceptable to the IRS.

[Anonymous NY 1]

Thank you all for the resources! I suppose I should check box "e - spouse of us citizen" as the reason I am submitting the W-7?

How long does it usually take to get some kind of response from IRS?

[Nich-Nick 3,354]

Why do you have to have a response from the IRS before your interview? Just photocopy your return before you mail it and take that. The IRS doesn't nornally repond to tax returns unless they are going to audit you or mail you a refund.

[Dakine 26]

Thank you all for the resources! I suppose I should check box "e - spouse of us citizen" as the reason I am submitting the W-7?

How long does it usually take to get some kind of response from IRS?

No need response from IRS just use copies of what you are going to file or you filed.

IRS and USCIS don't communicate much if any!!!!

Edited March 12, 2009 by Haole

[Cino 5]

LOOK AT THE DEFINITION FROM IRS :

"Nonresident aliens and dual-status aliens. Generally, a husband

and wife cannot file a joint return if either spouse is a nonresident

alien at any time during the year. However, if you were a nonresi-

dent alien or a dual-status alien and were married to a U.S. citizen or

resident alien at the end of 2008, you may elect to be treated as a

resident alien and file a joint return."

YOU CAN STILL FILE A JOINT RETURN WITH YOUR USC SPOUSE

WITHOUT SS#, BUT YOU CAN NOT TAKE CREDIT FOR EXAMPLE LIKE EIC.

YOU CAN EXPLAIN ON A PIECE OF PAPER THAT YOU HAVE APPLIED FOR

PERMANENT RESIDENCY BUT STILL PENDING THAT IS WHY YOU DO NOT HAVE

A SS#. YOU CAN EVEN SEND A COPY OF 485 NOA. JUST FILE WITH YOUR SPOUSE

BEFORE YOUR INTERVIEW & TAKE THE COPY WITH YOU. THAT IS ALL TO IT.

BTW, IT IS TOO LATE FOR YOU TO APPLY FOR ITIN, IT TAKES ABOUT 6 WEEKS TO GET

IT, ESPECIALLY NOWADAYS IT IS EVEN MORE, BECAUSE THEY (IRS) ARE VERY BUSY RIGHT NOW

WITH TAX RETURNS.

GOOD LUCK !....

[rin and john 71]

Oh I am getting so paranoid gathering documents for the AOS interview in two weeks. I would be most grateful for any of your advice or experience sharing!

How do we file joint tax return without a SSN in a most efficient way (in the sense that we will get some kind of black and white notice as proof)?

TIA!

Since the filing deadline has not past, why bother? USCIS is not going to suspect marriage fraud based on having/not having a completed tax return for TY 2008 (especially since the filing deadline is not until April 15th).

Additionally, by filing with the ITIN, you will not be eligible for the recovery tax rebate (potentially $600) for your spouse (if you are filing MFJ). Filing using an ITIN requires a paper return as it has to be sent in to a separate address for the ITIN first, then forwarded to revenue to process the return. Took us 10 weeks to get an ITIN, so you will most likely have your SO's SSN before the ITIN.

If you go the ITIN route, consider filing an amended return later if your SO qualifies for the recovery tax rebate.