ITIN or SS#?

[sheenaspapi 18]

We filed for my wifes AOS a week or so ago. She didnt get an SS# when she entered the US on a K-1 visa. ( my fault). It is tax time now but I need a ITIN or SS# so I can file. I dont want to get the tax id and then her EAD comes in creating confusion.

Should I just wait for the EAD?

ITIN takes 8-10 weeks to get this time of year. I can drive to Topeka where there is a Tax assistance center. They can process it there but I don't know if she would get the ITIN the same day or not.

Any thoughts?

[kcoyclay1 98]

I do not think she get an ITIN. It is for those who are ineligible for SS# and she is eligible. She's in the process and the ITIN guidelines states that you cannot be in the position to get a SS#. File for late tax submission and wait on the EA,D or find out if you can still get an SS# at this time.

[Scott and Mhay 57]

From the instruction, you can't get an ITIN unless you need it to file taxes. You guys didn't get married before Dec 31. Just wait for EAD and get the SSN after that. It's not worth the hassle for the ITIN as it does nothing for you other than let you claim your wife as a dependent...which you can't because you weren't married until january sometime right?

[DouglasFiel 53]

You can always file for an extension,,, If you will owe taxes,, just need to send in the estimated taxes... Then file

your 1040 when you get her SSN..

Regards,

dc

[sheenaspapi 18]

ITIN guidelines say that you cannot get a ITIN if you are eligible for a SS#. She is not eligible for a SS# now since her 90 day fiance visa has expired. She is not in the process for the SS number as we are waiting for the EAD so we can file for the SS#.

We were married April 25, 2011 so I can deduct for her as a dependant. My refund is substantial and would be nice to have so thats why I am pondering over the ITIN. Unfortunately, I just found out about it or I would have filed for it a couple of months ago.

[KayDeeCee 4,893]

ITIN guidelines say that you cannot get a ITIN if you are eligible for a SS#. She is not eligible for a SS# now since her 90 day fiance visa has expired. She is not in the process for the SS number as we are waiting for the EAD so we can file for the SS#.

We were married April 25, 2011 so I can deduct for her as a dependant. My refund is substantial and would be nice to have so thats why I am pondering over the ITIN. Unfortunately, I just found out about it or I would have filed for it a couple of months ago.

A spouse is not claimed as a dependent on taxes.

[sheenaspapi 18]

I dont know why I am even responding to your post but I just had to. A spouse can be claimed as a dependant if they are filing seperately and not a joint return. Irregardless, my use of the term "dependant" was only meant to refer that filing my taxes with her does gain several tax saving benifits. I wasnt looking for the definition of dependant. I am looking for any suggestions in regards to my original post that would help. Your post was useless and incorrect(depending on the filing status).

[VanessaTony 3,567]

I dont know why I am even responding to your post but I just had to. A spouse can be claimed as a dependant if they are filing seperately and not a joint return. Irregardless, my use of the term "dependant" was only meant to refer that filing my taxes with her does gain several tax saving benifits. I wasnt looking for the definition of dependant. I am looking for any suggestions in regards to my original post that would help. Your post was useless and incorrect(depending on the filing status).

No. Your post is incorrect. A spouse is not a dependent but filing with your spouse can increase your return because it enables you to apply for different exemptions and credits. I understand that you state you weren't using the term dependent in the way it is normally used for tax reasons, but given this forum is read by other people it's usually best to use proper wording. Again, your spouse is NOT your dependent on taxes... ever. Here it is from the IRS: http://www.irs.gov/newsroom/article/0,,id=252258,00.html , see #2.

File for an ITIN or an extension. The W-7 will be filed WITH your tax return and it won't slow your refund down. They will simply attach the ITIN info when it is processed. She is not presently eligible for a SSN (her I-94 is expired and there is no EAD yet) so filing for the ITIN should be fine. BUT if you're able to file for an extension instead until you get the SSN that would be preferable (in my opinion).

[KayDeeCee 4,893]

I dont know why I am even responding to your post but I just had to. A spouse can be claimed as a dependant if they are filing seperately and not a joint return. Irregardless, my use of the term "dependant" was only meant to refer that filing my taxes with her does gain several tax saving benifits. I wasnt looking for the definition of dependant. I am looking for any suggestions in regards to my original post that would help. Your post was useless and incorrect(depending on the filing status).

I was not incorrect. I was clearing up something so people reading this forum later would not be confused. You can never claim a spouse as a dependent, even when filing separately.

Personally I would file an extension and wait until she gets her EAD so she can get her SSN, then file jointly. Showing joint taxes helps down through the line of immigration from AOS to ROC to naturalization. However, if you do not want to wait, do as Vanessa&Tony suggested and file the form for the ITIN with your taxes before the deadline.

[sheenaspapi 18]

On the W-7 instructions it states to file my taxes with the ITIN request. This time of year, the approval takes 8-10 weeks plus however long the IRS would have it so there is a definate delay. I think i'll just wait for the EAD and get the SS#. Thanks for everyones assistance. I got the email today that our file has been forwarded and the 767(I think) we will have in about 10 days.

[VanessaTony 3,567]

On the W-7 instructions it states to file my taxes with the ITIN request. This time of year, the approval takes 8-10 weeks plus however long the IRS would have it so there is a definate delay. I think i'll just wait for the EAD and get the SS#. Thanks for everyones assistance. I got the email today that our file has been forwarded and the 767(I think) we will have in about 10 days.

The approval for the ITIN takes that long yes but that doesn't slow down your return. i can't be bothered searching for the link for it. Waiting for the EAD is the better option in my opinion anyway.

I'm not sure what you're getting "in about 10 days" but ok