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Trying to file taxes and running into issues: It would seem that whether I file jointly or separately, I need an SSN or ITIN for my husband, who is (at least for the next month...or two or three) a non-resident alien, who had no income (student) for the previous tax year. Will there be any problems if we apply for an ITIN and he arrives here, SSN in hand shortly after, before tax time in April? The IRS website is a little murky on the subject of whether we just stick the W-7 to the tax return, or whether it's a separate application process. If it's the latter, how long does it take to be issued one? Has anyone been through this before? Better ways around it I'm not seeing?

Filed: K-1 Visa Country: Norway
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Posted

Trying to file taxes and running into issues: It would seem that whether I file jointly or separately, I need an SSN or ITIN for my husband, who is (at least for the next month...or two or three) a non-resident alien, who had no income (student) for the previous tax year. Will there be any problems if we apply for an ITIN and he arrives here, SSN in hand shortly after, before tax time in April? The IRS website is a little murky on the subject of whether we just stick the W-7 to the tax return, or whether it's a separate application process. If it's the latter, how long does it take to be issued one? Has anyone been through this before? Better ways around it I'm not seeing?

I am not a expert - but from what I have been able to figure out for myself is if you are doing your taxes prior to his arrival (pre-SSN) file the application for the ITIN with your Federal Income Taxes - they will then assign him a ITIN - and after in my case AOS (hubby arrived on K1) and he has a conditional Green Card & EAD we can then get his SSN and as soon as he had that number to contact again tell of the SSN and use the SSN from then onwards.

I hate to say it I am really uncertain of how I do want to file as my husband receives disability from his country each month so I really do not know for certain how to go about things.

Judy

I-129F Sent : 10-04-2010

I-129F NOA1 : 10-12-2010

Touched: 10-21-2010

NOA2: 03-16-2011

Vermont Service Center

Interview: 05-18-2011

Fiance' Visa Approved: 12Jul2011

POE - Newark Airport November 20, 2011

Married: December 8, 2011

AOS package sent to Chicago Lockbox on Feb. 13, 2012

I-485 transfered to Laguna Niguel CA on March 17, 2012

EAD - received from Lee's Summit, MO on April 18, 2012

 
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