AOS and Federal Income Tax Return

[o0pink0o 3]

We haven't filed my husband's Income Tax (2009) so basically what we have now is his 2006-2008 tax transcripts. The reason why we haven't filed his 2009 is because we are STILL waiting on my ITIN from IRS which I filed almost a month ago. My K3 visa will expire this Aug. 2010 so right now we are kinda hurry in filing my AOS. My question is, can we file AOS even though we haven't file his 2009 Income Tax?

Thanks in advance

[Mononoke28 135]

If you file before April 15th which is the deadline to file for taxes, then you should be ok with a copy or transcripts from 2008. If you file after April 15th, then you can send a copy of the tax filing extension.

Diana

[Wife of Mohammed 0]

We haven't filed my husband's Income Tax (2009) so basically what we have now is his 2006-2008 tax transcripts. The reason why we haven't filed his 2009 is because we are STILL waiting on my ITIN from IRS which I filed almost a month ago. My K3 visa will expire this Aug. 2010 so right now we are kinda hurry in filing my AOS. My question is, can we file AOS even though we haven't file his 2009 Income Tax?

Thanks in advance

I'm also going to file a joint marriage for 2009. I thought if you are filing a W-7 (to get an ITIN) for your alien spouse, your suppose to mail in all the papers together.

How did you apply for the ITIN alone?

[sjr09 155]

We haven't filed my husband's Income Tax (2009) so basically what we have now is his 2006-2008 tax transcripts. The reason why we haven't filed his 2009 is because we are STILL waiting on my ITIN from IRS which I filed almost a month ago. My K3 visa will expire this Aug. 2010 so right now we are kinda hurry in filing my AOS. My question is, can we file AOS even though we haven't file his 2009 Income Tax?

Thanks in advance

"You" don't really need ITIN, to file your husbands 09 income tax there is more then one way to file jointly,even with out a SSN...If you did not work an ITIN is of no help in filing your return. Did 'you' receive foreign income you need to report? I assume you did not work in the US?

[payxibka 10,045]

We haven't filed my husband's Income Tax (2009) so basically what we have now is his 2006-2008 tax transcripts. The reason why we haven't filed his 2009 is because we are STILL waiting on my ITIN from IRS which I filed almost a month ago. My K3 visa will expire this Aug. 2010 so right now we are kinda hurry in filing my AOS. My question is, can we file AOS even though we haven't file his 2009 Income Tax?

Thanks in advance

If the return is prepared but the only missing item is the ITIN, then go ahead and just include a copy of what will be filed.

[sjr09 155]

What is an ITIN?

An Individual Taxpayer Identification Number (ITIN) is a tax processing number issued by the Internal Revenue Service. It is a nine-digit number that always begins with the number 9 and has a range of 70-88 in the fourth and fifth digit, example 9XX-70-XXXX.

IRS issues ITINs to individuals who are required to have a U.S. taxpayer identification number but who do not have, and are not eligible to obtain a Social Security Number (SSN) from the Social Security Administration (SSA).

ITINs are issued regardless of immigration status because both resident and nonresident aliens may have a U.S. filing or reporting requirement under the Internal Revenue Code.

Individuals must have a filing requirement and file a valid federal income tax return to receive an ITIN, unless they meet an exception.

What is an ITIN used for?

ITINs are for federal tax reporting only, and are not intended to serve any other purpose. An ITIN does not authorize work in the U.S. or provide eligibility for Social Security benefits or the Earned Income Tax Credit. ITINs are not valid identification outside the tax system.

IRS issues ITINs to help individuals comply with the U.S. tax laws, and to provide a means to efficiently process and account for tax returns and payments for those not eligible for Social Security Numbers.

Who needs an ITIN?

IRS issues ITINs to foreign nationals and others who have federal tax reporting or filing requirements and do not qualify for SSNs. A non-resident alien individual not eligible for a SSN, who is required to file a U.S. tax return only to claim a refund of tax under the provisions of a U.S. tax treaty, needs an ITIN.

Examples of individuals who need ITINs include:

• Non-resident alien filing a U.S. tax return and not eligible for a SSN
  
• U.S. resident alien (based on days present in the United States) filing a U.S. tax return and not eligible for a SSN
  
• Dependent or spouse of a U.S. citizen/resident alien
  
• Dependent or spouse of a non-resident alien visa holder
  

How do I know if I need an ITIN?

If you do not have a SSN and are not eligible to obtain a SSN, but you have a requirement to furnish a federal tax identification number or file a federal income tax return, you must apply for an ITIN.

If you have an application for a SSN pending, do not file Form W-7. Complete Form W-7 only if the Social Security Administration (SSA) notifies you that a SSN cannot be issued.

To obtain a SSN, see Form SS-5, Application for a Social Security Card. To get Form SS-5 or to find out if you are eligible to obtain an SSN, go to Social Security Administration Website or contact a SSA office. By law, an alien individual cannot have both an ITIN and a SSN.

IRS processes returns showing SSNs or ITINs in the blanks where tax forms request SSNs. IRS no longer accepts, and will not process, forms showing "SSA205c," "applied for," "NRA," blanks, etc.

Are ITINs valid for identification?http://' target="_blank">

No. ITINs are not valid identification outside the tax system. Since ITINs are strictly for tax processing, IRS does not apply the same standards as agencies that provide genuine identity certification.

ITIN applicants are not required to apply in person, and IRS does not further validate the authenticity of identity documents. ITINs do not prove identity outside the Federal tax system, and should not be offered or accepted as identification for non-tax purposes.

[o0pink0o 3]

If you file before April 15th which is the deadline to file for taxes, then you should be ok with a copy or transcripts from 2008. If you file after April 15th, then you can send a copy of the tax filing extension.

Diana

Thanks, that is what me and my husband's understanding too but I just wanna make sure of things that's why i posted my doubts here.

I'm also going to file a joint marriage for 2009. I thought if you are filing a W-7 (to get an ITIN) for your alien spouse, your suppose to mail in all the papers together.

How did you apply for the ITIN alone?

Please click this link on how I filed my ITIN. LINK

"You" don't really need ITIN, to file your husbands 09 income tax there is more then one way to file jointly,even with out a SSN...If you did not work an ITIN is of no help in filing your return. Did 'you' receive foreign income you need to report? I assume you did not work in the US?

Thank you. A friend of mine who is a VJ member also is the one who taught me how to file ITIN and why to file it. The only reason why I am applying for ITIN is so that my husband can include me on his Income Tax Return. Waiting on my ITIN makes our AOS application delayed. Why? because as much as possible we want to file our 2009 before we submit our AOS papers. Apparently, my K3 visa will expire soon that is why we are kinda in a hurry in applying for AOS. So what we are planning is to submit our AOS papers with 2006-2008 tax transcripts. Yes, I never worked since I got here in the US and I don't have SSN yet that is why we can't file jointly.

[rin and john 71]

What box did you check for "Reason you are submitting Form W-7"? The only way to get an ITIN separately is to check box 'h' and provide an exception. Otherwise, the W-7 must be submitted along with the prepared tax return that the ITIN is needed for. Go here and read 'how to apply'. If you did not have an exception listed for box 'h', they will deny your request for an ITIN.

http://www.irs.gov/instructions/iw7/ch01.html

We did the ITIN route back in 2007 when Rin first arrived here.

[sjr09 155]

Thanks, that is what me and my husband's understanding too but I just wanna make sure of things that's why i posted my doubts here.

Please click this link on how I filed my ITIN. LINK

Thank you. A friend of mine who is a VJ member also is the one who taught me how to file ITIN and why to file it. The only reason why I am applying for ITIN is so that my husband can include me on his Income Tax Return. Waiting on my ITIN makes our AOS application delayed. Why? because as much as possible we want to file our 2009 before we submit our AOS papers. Apparently, my K3 visa will expire soon that is why we are kinda in a hurry in applying for AOS. So what we are planning is to submit our AOS papers with 2006-2008 tax transcripts. Yes, I never worked since I got here in the US and I don't have SSN yet that is why we can't file jointly.

I filed 'married but Legally separated', depends on the amount of time you have been married. My wife and daughter was living in the PI at that time, I received all the deductions allowed by the IRS. WITH NO ITIN or SSN for my wife....

[sjr09 155]

What box did you check for "Reason you are submitting Form W-7"? The only way to get an ITIN separately is to check box 'h' and provide an exception. Otherwise, the W-7 must be submitted along with the prepared tax return that the ITIN is needed for. Go here and read 'how to apply'. If you did not have an exception listed for box 'h', they will deny your request for an ITIN.

http://www.irs.gov/instructions/iw7/ch01.html

So how did she apply with out a federal return attach to the W-7?

We did the ITIN route back in 2007 when Rin first arrived here.

So how did the OP file a W-7 with out federal return attach to the w-7?

REVISED APPLICATION STANDARDS FOR ITINS

What are the revised application standards for ITINs?

Effective immediately, each ITIN applicant must now:

• Apply using the revised Form W-7, Application for IRS Individual Taxpayer Identification Number ; and
  
• Attach a federal income tax return to the Form W-7.
  Any applicants who meet an exception to the requirement to file a tax return (see the instructions for Form W-7) must provide documentation to support the exception.
  

Edited March 6, 2010 by sjr09

[sjr09 155]

To the OP your determined on getting an ITIN When you finish your AOS I assume your going to apply for a SSN right? Your going to make things more complicated then it needs to be...

　

By law, an alien individual cannot have both an ITIN and a SSN.

[rin and john 71]

Thank you. A friend of mine who is a VJ member also is the one who taught me how to file ITIN and why to file it. The only reason why I am applying for ITIN is so that my husband can include me on his Income Tax Return. Waiting on my ITIN makes our AOS application delayed. Why? because as much as possible we want to file our 2009 before we submit our AOS papers. Apparently, my K3 visa will expire soon that is why we are kinda in a hurry in applying for AOS. So what we are planning is to submit our AOS papers with 2006-2008 tax transcripts. Yes, I never worked since I got here in the US and I don't have SSN yet that is why we can't file jointly.

If you have not ever filed jointly, you and your husband have paid higher taxes and missed out on the 2008 recovery rebate (up to $600 per person).

I highly recommend that once you get your SSN that you and your husband file amended returns for the years you have been married - form 1040X (apply for EAD when you file AOS as you will be able to get a SSN once the EAD is approved).

[flicker 5]

What is an ITIN?

</a>An Individual Taxpayer Identification Number (ITIN) is a tax processing number issued by the Internal Revenue Service. It is a nine-digit number that always begins with the number 9 and has a range of 70-88 in the fourth and fifth digit, example 9XX-70-XXXX.

IRS issues ITINs to individuals who are required to have a U.S. taxpayer identification number but who do not have, and are not eligible to obtain a Social Security Number (SSN) from the Social Security Administration (SSA).

ITINs are issued regardless of immigration status because both resident and nonresident aliens may have a U.S. filing or reporting requirement under the Internal Revenue Code.

Individuals must have a filing requirement and file a valid federal income tax return to receive an ITIN, unless they meet an exception.

What is an ITIN used for?<a href="http://" target="_blank">

ITINs are for federal tax reporting only, and are not intended to serve any other purpose. An ITIN does not authorize work in the U.S. or provide eligibility for Social Security benefits or the Earned Income Tax Credit. ITINs are not valid identification outside the tax system.

IRS issues ITINs to help individuals comply with the U.S. tax laws, and to provide a means to efficiently process and account for tax returns and payments for those not eligible for Social Security Numbers.

Who needs an ITIN?</a>

IRS issues ITINs to foreign nationals and others who have federal tax reporting or filing requirements and do not qualify for SSNs. A non-resident alien individual not eligible for a SSN, who is required to file a U.S. tax return only to claim a refund of tax under the provisions of a U.S. tax treaty, needs an ITIN.

Examples of individuals who need ITINs include:

• Non-resident alien filing a U.S. tax return and not eligible for a SSN
  
• U.S. resident alien (based on days present in the United States) filing a U.S. tax return and not eligible for a SSN
  
• Dependent or spouse of a U.S. citizen/resident alien
  
• Dependent or spouse of a non-resident alien visa holder
  

How do I know if I need an ITIN?<a href="http://" target="_blank">

If you do not have a SSN and are not eligible to obtain a SSN, but you have a requirement to furnish a federal tax identification number or file a federal income tax return, you must apply for an ITIN.

If you have an application for a SSN pending, do not file Form W-7. Complete Form W-7 only if the Social Security Administration (SSA) notifies you that a SSN cannot be issued.

To obtain a SSN, see Form SS-5, Application for a Social Security Card. To get Form SS-5 or to find out if you are eligible to obtain an SSN, go to Social Security Administration Website or contact a SSA office. By law, an alien individual cannot have both an ITIN and a SSN.

IRS processes returns showing SSNs or ITINs in the blanks where tax forms request SSNs. IRS no longer accepts, and will not process, forms showing "SSA205c," "applied for," "NRA," blanks, etc.

Are ITINs valid for identification?<a href="http://" target="_blank"></a>

No. ITINs are not valid identification outside the tax system. Since ITINs are strictly for tax processing, IRS does not apply the same standards as agencies that provide genuine identity certification.

ITIN applicants are not required to apply in person, and IRS does not further validate the authenticity of identity documents. ITINs do not prove identity outside the Federal tax system, and should not be offered or accepted as identification for non-tax purposes.

[o0pink0o 3]

Thanks for all the replies

My main concern is my question about AOS but anyway I already figured out on what I will do. I'll just submit my AOS application with 2006-2008 tax transcripts and 2008 - 2009 W2s of my husband.

Thanks again.