SS# for taxes

[F & J 21]

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.

Hi! I posted the link with the information on how to make that election at the end of my previous post:

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!

[Dave&Roza 748]

I would look into the tax benefits of claiming your wife as a LPR for tax purposes. If the refund is larger than do so. IF you end up having to pay more taxes than do not do it. As far as the ITIN, I belive you should NOT file for one as your wife is eligible for a SSN and the ITIN is for those not elibigle and can create a whole can of worms if not done properly--not worth the risk IMHO. If the AOS takes longer than April 15th, file for an extension, but make sure you pay any amount due by April 15th to avoid interest and fees. The extension gives you until October I believe which should be enough time to get the GC and the SSN.

Good luck,

Dave

[Robert&Karen 264]

Fill out a W-7. We have it one for her kids will will not get a SS card until they have a green card. We may simply file for an extension instead.