Taxes: married filing jointly (spouse doesn't have visa yet)

[coip 1]

I married a non-American in 2012 and submitted her I-130 application a few months ago. We expect to hear back right around tax day in the U.S. So, she doesn't even have a visa yet, let alone a SSN. What is the best thing to do:

1. apply for an ITIN now

- this option seems to be a hassle, to get the ITIN when her SSN is but a few months away

2. apply for an extension on filing taxes (I'm eligible for one since I live abroad) to buy time till she gets a SSN

- I don't even know if this is 'legal'--waiting for and then using a SSN she gets in 2013 to apply to her 2012 taxes.

[Darnell 8,478]

time and timing is always useful, aye?

If you fill out yer timeline over at http://www.visajourney.com/timeline/profile.php?id=135615 perhaps we can help you with some forecast, based on time and timing?

[Enigma11561 336]

You were married in 2012 so filing married is the best way to go. SS numbers are forever and it does not matter when they were issued.So waiting until she gets hers and then putting it down on your taxes is perfectly legal.

[CarlosAndSveta 808]

I married a non-American in 2012 and submitted her I-130 application a few months ago. We expect to hear back right around tax day in the U.S. So, she doesn't even have a visa yet, let alone a SSN. What is the best thing to do:

1. apply for an ITIN now

- this option seems to be a hassle, to get the ITIN when her SSN is but a few months away

2. apply for an extension on filing taxes (I'm eligible for one since I live abroad) to buy time till she gets a SSN

- I don't even know if this is 'legal'--waiting for and then using a SSN she gets in 2013 to apply to her 2012 taxes.

If you don't want to go through the hassle of getting an ITIN then you should file as Married Filing Separately. By doing this you will not be able to file your return electronically. Once you spouse comes to the U.S. and has an SSN you can then amend your return and elect to file a joint return.

[coip 1]

time and timing is always useful, aye?

If you fill out yer timeline over at http://www.visajourney.com/timeline/profile.php?id=135615 perhaps we can help you with some forecast, based on time and timing?

Sorry about that. I've updated it. Here it is as well:

IR-1/CR-1 Visa

Service Center : National Benefits Center

Consulate : Tokyo, Japan

Marriage : 2012-10-10

I-130 Sent : 2012-11-01

I-130 NOA1 : 2012-11-06

I-130 NOA2 : [i haven't received anything yet, but I just logged on to the site to check the status and saw this message: "On January 4, 2013, we mailed you a notice that we have approved this I130 IMMIGRANT PETITION..."]

Married filing separately and then amending them later seems like even more of a hassle than getting the ITIN. It sounds like, though, that it would be okay to just file for the extension and then, once my wife gets her SSN later in 2013, I can file my 2012 returns (married, filing jointly) with her 2013 SSN.

Edited January 5, 2013 by coip

[Darnell 8,478]

are you in Japan? why not chase after the ITIN on a new tax return filed in 2013 ?

[coip 1]

are you in Japan? why not chase after the ITIN on a new tax return filed in 2013 ?

Yes, I'm in Japan. I'm sorry, but I don't know what you mean by "why not chase after the ITIN on a new tax return filed in 2013?".

[Darnell 8,478]

ok - search my prior posts here - search term 'ITIN'

using the advanced search tool.

good luck !

[coip 1]

ok - search my prior posts here - search term 'ITIN'

using the advanced search tool.

good luck !

Okay, well, it seems that most of the posters here (except for Enigma11561) think I should file for the ITIN (which seems time-consuming) rather than file for an extension on filing taxes (which is easy to get) and then waiting to get her SSN. Is there a reason why the ITIN is better, other than getting a tax refund sooner? Enigma11561 said that my idea of skipping the ITIN process and just waiting for her to get an SSN in 2013 is not "illegal", per se, so why do most other posters think the ITIN is the way to go? I don't see the benefit of it given how much time it takes.

Edited January 8, 2013 by coip

[rin and john 71]

I did it both ways. Rin entered on a K-3 visa, so we went the ITIN route the first year. The complete return and W-7 have to be sent together. It took us about 12 weeks for the ITIN to get assigned and another 4 weeks for the return to be processed. The second year, we were applying for her green card, so I filed for an extension as that s simpler than getting the certified copy of the passport, etc. Anyone can get a six month extension to October 15th by just submitting form 4868 (can be done electronically). The only concern is if you owe tax on your return, you should pay an estimated amount to avoid interest or penalties. If you will be due a refund, just submit the extension and you are good to October 15th.

So if you can live without the refund until your spouse gets here and receives her SSN, I'd personally go the extension route (as it's less effort).

John

[Darnell 8,478]

benefit (only one) - can show your returns as relationship evidence.

[rin and john 71]

1357661170[/url]' post='5909664']

benefit (only one) - can show your returns as relationship evidence.

Rin's K-3 visa interview was in mid-April 2007 (married October 2006). I provided three years of transcripts (tax years 2003/2004/2005) and a draft copy of our 2006 return from turbotax (filled in as MFJ, with SSN blank). I noted on the return it was a draft copy and we had filed for an extension. No issues.