Filing USC tax return, I've only been here 1 week

[neonrain 1]

So I don't have my SSN yet because I've only just arrived a week ago. My husband is filing his tax return, which isn't an issue EXCEPT that we don't know which box to check.

He wasn't single last year even though we weren't living in the USA, so I hadn't entered yet, so I don't need to file.

If we check any of the other boxes, I need to enter my SSN which I can't push for untill I've been here 3 weeks. I can't even get an ITIN without a SSN.

Any hints? Any one have a suggestion?

Thanks a bunch in advance

[Dakine 26]

You guys can file jointly if you file a IRS W7 with your/his return. You'll get a ITIN.

[Nich-Nick 3,354]

You need to read page 10 of this IRS Publication. Publication 519

See the middle column, halfway down Nonresident Spouse Treated as a Resident and continue reading to the third column.

You are a non-resident alien, but for tax purposes you can choose to be treated as a resident alien. Read the way to do that on page 10.

To file jointly you and your husband would have to submit a statement that you both choose for you to be treated as a resident alien for tax purposes. Otherwise a USC can not file a joint return with a non-resident alien. If you look at the Q&A on page 60, you will find this.

I am a nonresident alien. Can I file a joint return with my spouse?

Generally, you cannot file as married filing jointly if either spouse was a nonresident alien at any time during the tax year.

However, nonresident aliens married to U.S. citizens or residents can choose to be treated as U.S. residents and file joint returns.

If you file joint, you have to claim worldwide income (yours if you worked in your country) under other income, but you will get to exclude it on form 2555EZ.

If you don't want to do all listed above, then your husband will file married filing separately and you will file nothing since you did not earn income in the US in 2008.

He can also file now and go back later and file an amended return jointly with you after you have a SSN. Then he can also claim the $600 Recovery Rebate Credit for you on line 70. You must have a SSN and file jointly to do that. If you just have an ITIN or apply for one with your tax return, then you can't take that credit. So he should plan to file an amended return later to get your $600.

[neonrain 1]

Thanks so much for your help!