File AOS without filling taxes yet

[Alex&Mari 0]

Hi everybody. I'm confused and I hope someone can help me.

We married two months ago, my husband has been out of status for a month. He does not have a social security number, yet. Now, I'm filling my taxes but I'm confuse in what to do and I have until April, 15 to send it. So for now I'm waiting to the right thing. While, we are ready to file AOS without the 2011 taxes. In this moment is necessary to included the 2011 taxes in the package of the AOS. Can we have a RFE for this? I assume we need to wait to include the 2011 information...Am I right? Please, help.

Other questions: A co sponsor can claim him as dependent if I don't claim him as dependent in the tax forms?

What should I do to put him in the taxes return if asks for his Social Security number? Complete and included the W-7 with the taxes?

Thanks.

[Enigma11561 336]

If I understand this correctly, your husband came here on a K1? And you are now married and you got married last year? He is not out of status. He is married. He can get a SS now. Just go and apply. You do not need to AOS to get a social security number. And then you can file your taxes as married. As far as the AOS is concerned, when you get a date, then just go with the most recent taxes that you have. And if you file as married, he cannot be claimed as a dependent on some one else's tax return. And why would you?

[Grant PDX 183]

These are my recomendations:

1) Go apply now for a SSN, today or yesterday preferibly

2) File taxes whenever you want between receiving the SSN and April 15

3) If you file taxes before applying for AOS then send those tax forms in

If you file taxes after apllying for AOS then send previous years

They just want your most recent taxes. They don't care what most recent is, this year or last year as long as it is the most recently filed. If you haven't filed yet when applying, then last year's is most recently filed.

As far as someone else claiming him, I don't think there's a reason to do so, and likely wouldn't fit the requirements anyway (outside of children or spouse, I think a dependent has to really be "dependant" for the greater part of the year).

I am NOT a tax professional, although I've filed taxes for a couple of decades...

My two cents.

[Dave&Roza 748]

Hi everybody. I'm confused and I hope someone can help me.

We married two months ago, my husband has been out of status for a month. He does not have a social security number, yet. Now, I'm filling my taxes but I'm confuse in what to do and I have until April, 15 to send it. So for now I'm waiting to the right thing. While, we are ready to file AOS without the 2011 taxes. In this moment is necessary to included the 2011 taxes in the package of the AOS. Can we have a RFE for this? I assume we need to wait to include the 2011 information...Am I right? Please, help.

Other questions: A co sponsor can claim him as dependent if I don't claim him as dependent in the tax forms?

What should I do to put him in the taxes return if asks for his Social Security number? Complete and included the W-7 with the taxes?

Thanks.

It sounds to me like the I-94 is expired. If that is the case then you will not be able to get a SSN until your husband has either his EAD or GC. File the AOS ASAP. Do your taxes and see whether you owe or get a refund. If you owe, pay the amount by April 15th and file for an extension. After getting the EAD or GC, get thee to the nearest SSA office and apply for the SSN. Go back a couple of days later to get a print out of the number. Use the SSN to file your taxes before the extension deadline. If you cannot get the EAD of GC before the extension deadline then I would recommend getting an ITIN. IF it is a sizable refund, I would file and follow the instruction for using a ITIN for your husband. Then next year use the SSN. I would try to use the SSN this year if at all possible before appplying for the ITIN just to avoid any confusion.

Good luck,

Dave

[Alex&Mari 0]

Thanks guys for all the information.

And yes, he came in September, 29 and we got married in December, the same month his I-94 expired. Before getting married, I went to the Social Security Office to get a SSN for him (as I read many times in here K-1 fiance's getting their SSN) but they told us that he couldn't get his SSN before AOS. So, we just follow their rules and we got married without a SSN. We don't apply for AOS right ahead the wedding. Now, we have all the AOS package ready with the most recent taxes information of the 2008-2010. My concern was specifically about if I have to fill my taxes (2011) before sending the AOS. If not, then we can mailed the AOS package, right? In the case I have to fill first my 2011 taxes return, what I need to do? Married and empty space in husband's SSN? We are not filling jointly beacuse he is not working but if I'm married I must put his name and leave in blank the SSN space? I read posts in where some people said is better to put single

I appreciate the help. Thanks a lot!

[VanessaTony 3,567]

My concern was specifically about if I have to fill my taxes (2011) before sending the AOS. If not, then we can mailed the AOS package, right? In the case I have to fill first my 2011 taxes return, what I need to do? Married and empty space in husband's SSN? We are not filling jointly beacuse he is not working but if I'm married I must put his name and leave in blank the SSN space? I read posts in where some people said is better to put single

No need to file taxes before filing AOS. After April to 2011 taxes will be required so if you get an interview after that date you MIGHT be asked for a copy of the 2011 taxes.

I would file your AOS asap, once he gets the EAD (in about 2 months) get him an SSN and file taxes. If you aren't going to get taxes filed on time you can file with the W7 to get him an ITIN.