Filing Taxes Married with Wife's ID's Expired

[JANETandLYLE 11]

Been married all of 2010 and filed and sent in the taxes as married for 2010. IRS sent us a letter refusing to issue my wife a ITIN number, because her ID is expired. All she has is a K1 Visa and a Passport. Both are expired. Any ideas???

[dindo and patty 20]

Maybe file for AOS and when GC is received, get her an SSN card. Then, file for your 2010 taxes.

[ceadsearc 516]

OP will need to provide last year's tax returns as part of the I-864 in order to get the green card.

[JimVaPhuong 4,863]

Two options:

1. Try to get her passport renewed at the Philippine Embassy. I have no clue how long this would take.

2. File as married, filing separately. She wasn't a US citizen or LPR in 2010, so she isn't legally required to file a return. The downside, of course, is that you'll get clobbered with a much higher tax rate.

[JANETandLYLE 11]

Problem here is that 2010 taxes were already sent in to IRS. They are asking for a valid ID to issue my Wife a ITIN number. That's the issue at this point. Sending in previous year tax returns is no issue here. It's only trying to figure out how to get a valid passport or ID of some kind for my Wife that IRS will accept.

Edited November 7, 2011 by JANETandLYLE

[baron555 934]

Problem here is that 2010 taxes were already sent in to IRS. They are asking for a valid ID to issue my Wife a ITIN number. That's the issue at this point. Sending in previous year tax returns is no issue here. It's only trying to figure out how to get a valid passport or ID of some kind for my Wife that IRS will accept.

Why not just get a SSN for her?

[ceadsearc 516]

He can't as her I-94 is expired and she doesn't yet have a GC or EAD, it appears.

I would contact IRS directly and explain that your wife is a non-resident alien who didn't work.

Also, can you go to/contact the consulate for her country and see if they will renew her passport?

[JANETandLYLE 11]

Thanks everyone for the help. I contacted IRS and told them our situation. It's actually pretty easy. We do nothing with IRS now. We go ahead and do our AOS when we are ready, and then get the social security number. At that point all we do is send in an amended 1040x with my Wife's social security number she gets. No Biggie! For once, IRS was easy to deal with. He said technically I would have three years to amend 2010 taxes. They just want to put either a SS number or ITIN number on the forms for my Wife. I just don't get the deductions and such now until that number is attached. I made it more complicated then was necessary, once again. I will rest easy now. Now I need to get prepared to file for our AOS. Thanks all

[Coco35 0]

Thanks everyone for the help. I contacted IRS and told them our situation. It's actually pretty easy. We do nothing with IRS now. We go ahead and do our AOS when we are ready, and then get the social security number. At that point all we do is send in an amended 1040x with my Wife's social security number she gets. No Biggie! For once, IRS was easy to deal with. He said technically I would have three years to amend 2010 taxes. They just want to put either a SS number or ITIN number on the forms for my Wife. I just don't get the deductions and such now until that number is attached. I made it more complicated then was necessary, once again. I will rest easy now. Now I need to get prepared to file for our AOS. Thanks all

Hello Janet and Lyle,

I am in the similar situation as yours and I have no valid passport or visa to apply for ITIN. And also I am peparing to file green card through marriage but by the time I get EAD to apply for SSN , it will aldy past aprl 17 . Do u have any idea what are the options I can do to file tax return marriage jointly for 2013?

Thank you very much

[Pitaya 2,577]

Hello Janet and Lyle,

I am in the similar situation as yours and I have no valid passport or visa to apply for ITIN. And also I am peparing to file green card through marriage but by the time I get EAD to apply for SSN , it will aldy past aprl 17 . Do u have any idea what are the options I can do to file tax return marriage jointly for 2013?

Thank you very much

Suggest that you start a new thread. You have revived an old stale thread. The member that you are addressing has not posted on VJ for over two years.

[DavenRoxy 1,073]

Hello Janet and Lyle,

I am in the similar situation as yours and I have no valid passport or visa to apply for ITIN. And also I am peparing to file green card through marriage but by the time I get EAD to apply for SSN , it will aldy past aprl 17 . Do u have any idea what are the options I can do to file tax return marriage jointly for 2013?

Thank you very much

The post that you quoted tells you exactly what you need to do. It's pretty simple, file AOS, get SSN, then file some 1040X's for the years you already filed before the SSN.

[Ontarkie 14,510]

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