SS# for taxes

[sheenaspapi 18]

My wife came here to the US in 2011 on a fiance visa and we were married within 90 days to comply.I have not been able to file the AOS as of yet due to finances but I should be able to in the next 90 days.

I am doing my taxes for 2011 With Turbotax. I put in my wifes information as my spouse but I have no SS# which of course it says is required.

She is my spouse so I can claim on my taxes but what can or do I need to do about the SS#??

[kcoyclay1 98]

My wife came here to the US in 2011 on a fiance visa and we were married within 90 days to comply.I have not been able to file the AOS as of yet due to finances but I should be able to in the next 90 days.

I am doing my taxes for 2011 With Turbotax. I put in my wifes information as my spouse but I have no SS# which of course it says is required.

She is my spouse so I can claim on my taxes but what can or do I need to do about the SS#??

You need the SS to claim her on your taxes. You will have to file first.

[kcoyclay1 98]

Her status has to be adjusted. Think of it. Her presence nor being married cannot qualify her; only an adjustment of status can.

[kcoyclay1 98]

I'm not sure I'd you can request an ITIN # either. I read that the only persons that can get it are those who are not eligible for SS

[KayDeeCee 4,893]

My wife came here to the US in 2011 on a fiance visa and we were married within 90 days to comply.I have not been able to file the AOS as of yet due to finances but I should be able to in the next 90 days.

I am doing my taxes for 2011 With Turbotax. I put in my wifes information as my spouse but I have no SS# which of course it says is required.

She is my spouse so I can claim on my taxes but what can or do I need to do about the SS#??

She was eligible to get her SSN after she arrived. She should have gone to the SSA 2 weeks after she got here and applied. She did not though, and you cannot undo the past. She will not be able to apply for her SSN until she has her EAD or green card. She needs to file for her AOS before she can get either of those to use to get her SSN now.

[ceadsearc 516]

You may be able to request a tax ID number. Alternately, you can write "NRA" or "nonresident alien" where the social should go. You won't be able to e-file but you can mail it like that.

Edited January 8, 2012 by ceadsearc

[BBCC 16]

She is my spouse so I can claim on my taxes but what can or do I need to do about the SS#??

Call the IRS support line to be sure but I believe you cannot claim her as a deduction on your taxes because she was not a US citizen or resident (with a SSN) on the last day of the tax year.

I'm in the same boat for tax year 2011. My wife was in the middle of her visa application process on the last day so I'm not planning on claiming her as a deduction.

-B

[Kindly Waiting 2]

I am in the same situation regarding filing because my spouse does not yet have a SSN either. I went to the local IRS office and as long as there is a valid visa and proof of the marriage, you can claim. What you need to do is bring in a completed tax return prior to filing along with the original passport and then the IRS can issue an ITIN#. Once a SSN is obtained, you need to let the IRS know becuase an individual may not have both an ITIN # and a SSN. Rather simple process to go through.

[Nich-Nick 3,354]

My wife came here to the US in 2011 on a fiance visa and we were married within 90 days to comply.I have not been able to file the AOS as of yet due to finances but I should be able to in the next 90 days.

I am doing my taxes for 2011 With Turbotax. I put in my wifes information as my spouse but I have no SS# which of course it says is required.

She is my spouse so I can claim on my taxes but what can or do I need to do about the SS#??

You get an ITIN. Here's how it works.

Complete the return and leave the SSN blank.

Prepare the ITIN application.

Print out and file a paper return to a special filing location for this purpose, along with the ITIN application. I haven't verified 2011 address but last year these were filed to

Internal Revenue Service

ITIN Operations

P.O. Box 149342

Austin, TX 78714-9342

They will process the ITIN first, add it to the tax return, then process your joint return. It will take longer this year and no e-filing.

See Publication 519 because there's extra things to do for your return this first year.

[payxibka 10,047]

Her status has to be adjusted. Think of it. Her presence nor being married cannot qualify her; only an adjustment of status can.

wrong... marriage is the event that qualifies her...

[Nich-Nick 3,354]

Alternately, you can write "NRA" or "nonresident alien" where the social should go. You won't be able to e-file but you can mail it like that.

This isn't the way to do it. A non-resident alien can't file jointly with a USC so don't write NRA on the return. But each can sign a statement electing for the spouse to be treated as a resident alien for tax purposes. Then as far as the IRS is concerned, she's a resident alien (even without a greencard) and can file jointly. Read Pub. 519.

[bigdog 376]

Go get the Social card, it is best to get it just after being here two weeks. if your I90 is expired they might not let you, then file and apply. They won't bite go to your local office, finish the form before you go.

[ceadsearc 516]

This isn't the way to do it. A non-resident alien can't file jointly with a USC so don't write NRA on the return. But each can sign a statement electing for the spouse to be treated as a resident alien for tax purposes. Then as far as the IRS is concerned, she's a resident alien (even without a greencard) and can file jointly. Read Pub. 519.

Sorry, I missed where the OP said they were filing jointly. I filed as "married filing separately" and wrote "NRA" where it asked for my spouse's social, as per the instructions we received when we asked IRS. We were sent a form/statement to sign verifying that my husband was a non-resident alien, and had no issues. You are correct, she can be treated as a resident alien for tax purposes.

http://www.irs.gov/businesses/small/international/article/0,,id=96370,00.html

[F & J 21]

My wife came here to the US in 2011 on a fiance visa and we were married within 90 days to comply.I have not been able to file the AOS as of yet due to finances but I should be able to in the next 90 days.

I am doing my taxes for 2011 With Turbotax. I put in my wifes information as my spouse but I have no SS# which of course it says is required.

She is my spouse so I can claim on my taxes but what can or do I need to do about the SS#??

I also came here on a K-1 visa in 2009. My husband and I submitted my SSN application before we got married because we weren't sure if we would need it for our Marriage License and we wanted to have it just in case. I assume your wife's I-94 has expired so she won't be able to get a SSN now. Like the previous posters said, you will have to look into getting a TIN for her if you want to file jointly. I have posted links below that might help to determine how to file your joint return. You can always call the IRS for more reliable info though Anyway, I hope this helps!

Social Security Number

If your spouse is a nonresident alien and you file a joint or separate return, your spouse must have either a Social Security Number (SSN) or an Individual Taxpayer Identification Number (ITIN). To get an SSN for your spouse, apply at a social security office or US consulate. You must complete Form SS-5. You must also provide original or certified copies of documents to verify your spouse's age, identity, and citizenship. If your spouse is not eligible to get an SSN, he or she can file Form W-7 with the IRS to apply for an ITIN. Refer to Taxpayer Identification Numbers (TIN) for more information.

Read Taxpayer Identification Numbers (TIN) - http://www.irs.gov/businesses/small/international/article/0,,id=96696,00.html

Anyway, we filed our taxes for 2009 jointly based on the Substantial Presence Test - I was in the U.S. for a total of 187 days in 2009 and therefore qualified to be considered a U.S. resident for tax purposes when we filed our taxes for 2009 in February 2010 (our AOS was approved in April 2010):

Substantial Presence Test

You will be considered a U.S. resident for tax purposes if you meet the substantial presence test for the calendar year. To meet this test, you must be physically present in the United States on at least:

31 days during the current year, and

183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting:

All the days you were present in the current year, and

1/3 of the days you were present in the first year before the current year, and

1/6 of the days you were present in the second year before the current year.

READING THE FOLLOWING IRS DOCS MIGHT HELP TOO:

Resident and Non-Resident Aliens - http://www.irs.gov/taxtopics/tc851.html

Determining Alien Tax Status - http://www.irs.gov/businesses/small/international/article/0,,id=96392,00.html

Alien Residency - Green Card Test - http://www.irs.gov/businesses/small/international/article/0,,id=96314,00.html

Substantial Presence Test - http://www.irs.gov/businesses/small/international/article/0,,id=96352,00.html

Nonresident Alien Spouse - Election to File Joint Return - How to Make the Choice - http://www.irs.gov/businesses/small/international/article/0,,id=96734,00.html

Hope that helps!

Edited January 8, 2012 by Fatima and Jim

[Nich-Nick 3,354]

Anyway, we filed our taxes for 2009 jointly based on the Substantial Presence Test - I was in the U.S. for a total of 187 days in 2009 and therefore qualified to be considered a U.S. resident for tax purposes when we filed our taxes for 2009 in February 2010 (our AOS was approved in April 2010):

I just want to make the point about a USC and their non-greencard spouse. They don't have to be here in the US a certain number of days to file a joint tax return. The foreign spouse doesn't even have to have stepped foot in the US or have their visa yet. If they are married even one day in 2011, the statement they write themselves electing for the spouse to be treated as a resident alien for tax purposes allows them to file jointly.

Edited January 8, 2012 by Nich-Nick