Tax Question regarding foreign wife still waiting on Green Card and no SSN.

[erenfro 0]

Hi,

I am juggling around trying to figure this out. My wife from Japan moved to the US in Sep 2013, and we married that month. We filed for the I-485 without the I-797 work authorization figuring we wouldn't need it till after getting her green card anyway. Well, it's tax time, and to file taxe, and since we married in 2013, I want to file jointly as appropriate.

Problem is, she doesn't have a SSN and can't get one until she has a green card, and the only other way I can see to do this is a W-7 and paper filing in redundancy. I've never done paper taxes, personally, but shouldn't be too hard, right?

We did go to the SSA office to apply to get her an SSN, but her K-1 Visa is already expired and so they won't issue one. They just told us we'd have to wait for USCIS or call the IRS for help on what to do next. I personally enjoy calling the IRS as much as I enjoy calling USCIS. Neither one of them very useful most of the time.

Anyway, if anyone has any advice, please help.

Eric

[Hypnos 6,576]

She needs either a green card or an EAD (from an I-765) to be able to obtain a social security number, there is no way around that.

You can ask for her to be given an ITIN by the IRS; I believe you attach an ITIN application to the front of your return and then mail it to a certain address. That might be an option.

[erenfro 0]

Well, I looked further into it, called the IRS, and now plan to go to the local Tax Assistence Center to see if they can rectify this problem but the overall problem is this:

To file an W-7 ITIN form, they say you need to:

1> File paper taxes (1040/1040EZ) with a W-7 attached with 1 or 2 proofs of alien residency status.

2> They accept the original passport (which legally an alien can't do because it would be illegal for them to be in the US without it)

3> Alternatively, they require a /certified/ copy of the passport, which means going to the consulate... But Japan doesn't issue certified copies, that she knows about, she's calling about it today to find out more. AND you have to supply a certified copy of a birth report, or in the case of Japan, a family/marriage record since Japan doesn't technically have a birth certificate like the US does. Very different there.

I'm at a loss here as to what to do about this, and she really wants to be able to go back to Japan by early June so she can renew her Japanese driver's license, since she wants to be able to go back and fourth every year and still be able to drive and such, since she technically is a Japanese citizen.

We tried to go to the SSA office to get an SSN, but they denied us because her K-1 Visa is expired. We're waiting on USCIS for the I-485 so she can get her I-551 (Green Card), so she can go get an SSN. If all goes well, that /should/ be done in March, but currently the processing times on USCIS for the local field office suggests they're still working on May 2013, while ours is in November 2013. Trending charts show they're on November 2013, but their website is always inaccurate. (Example, our K-1 visa case number never worked in their system because "their system was down and couldn't do anything", so everytime I had to call USCIS, I had to verbally tell them the case number before they would forward me to an actual agent.)

According to the IRS, they /used/ to accept notarized copies of a passport, up to 2012.. In 2013, this policy changed to being a certified copy, which very few countries will even do, in my research on this subject.

I'm at a loss here. I'm preparing both getting certified documents as said, to what I can do, while also trying to see if USCIS will have our case done soon, because if they do, we could get her I-551 and SSN soon and just e-File taxes per normal, but I'm like a chicken with it's head cut off trying to find out what I actually /can/ do under these circumstances.

Eric

[teanet 20]

IRS can verify the passport for you, so you wont have to send the passport anymore. We were told they will be able to do it from Febrary 2014.

[Nich-Nick 3,354]

Well, I looked further into it, called the IRS, and now plan to go to the local Tax Assistence Center to see if they can rectify this problem but the overall problem is this:

To file an W-7 ITIN form, they say you need to:

1> File paper taxes (1040/1040EZ) with a W-7 attached with 1 or 2 proofs of alien residency status.

2> They accept the original passport (which legally an alien can't do because it would be illegal for them to be in the US without it)

3> Alternatively, they require a /certified/ copy of the passport, which means going to the consulate... But Japan doesn't issue certified copies, that she knows about, she's calling about it today to find out more. AND you have to supply a certified copy of a birth report, or in the case of Japan, a family/marriage record since Japan doesn't technically have a birth certificate like the US does. Very different there.

Take the completed paper return and the w-7 to the Taxpayer Assistance Center. They can verify her passport and hand it back to you. Then they forward it all on for processing. First an itin is assigned, then they process the return.

The alternative is mail all of the above including passport to Austin, TX. Seems like the Assistance Center is a better choice.

Because she does not have a greencard, to file jointly you need to each sign a statement where you elect for her to be treated as a resident alien for tax purposes. (pub 519 explains this). You also must report worldwide income earned in 2013. That includes any money she earned in Japan. She can take the Foreign Income Exclusion, Form 2555EZ.

[erenfro 0]

Take the completed paper return and the w-7 to the Taxpayer Assistance Center. They can verify her passport and hand it back to you. Then they forward it all on for processing. First an itin is assigned, then they process the return.

The alternative is mail all of the above including passport to Austin, TX. Seems like the Assistance Center is a better choice.

Because she does not have a greencard, to file jointly you need to each sign a statement where you elect for her to be treated as a resident alien for tax purposes. (pub 519 explains this). You also must report worldwide income earned in 2013. That includes any money she earned in Japan. She can take the Foreign Income Exclusion, Form 2555EZ.

Thanks Nich-Nick.

I actually just recently with to the local Tax Assistance Office, and hadn't updated this posting yet, but, what happened was very interesting. First of all, the local TAC doesn't really /do/ anything. They had signs all over the place saying they do not provide tax application assistance, which is kind of silly. But, what they did do is send me over to an office that's 1.5 hours away to do an in-person application and verification for the ITIN.

So, I get to spend a day off to go to the Tampa, FL tax office to file taxes.

I did not know about the 2555-EZ, but it definitely applies here now that I see it, so for that, I appreciate the info, that's very helpful and helps put things to place.

So, 1040-EZ + W-7 (ITIN) + 2555-EZ == Taxes for new non-resident aliens waiting on USCIS for anyone that happends to need this information.

Thank you IRS, for making things incredibly difficult! LOL

Eric

[Nich-Nick 3,354]

Thanks Nich-Nick.

I actually just recently with to the local Tax Assistance Office, and hadn't updated this posting yet, but, what happened was very interesting. First of all, the local TAC doesn't really /do/ anything. They had signs all over the place saying they do not provide tax application assistance, which is kind of silly. But, what they did do is send me over to an office that's 1.5 hours away to do an in-person application and verification for the ITIN.

So, I get to spend a day off to go to the Tampa, FL tax office to file taxes.

I did not know about the 2555-EZ, but it definitely applies here now that I see it, so for that, I appreciate the info, that's very helpful and helps put things to place.

So, 1040-EZ + W-7 (ITIN) + 2555-EZ == Taxes for new non-resident aliens waiting on USCIS for anyone that happends to need this information.

Thank you IRS, for making things incredibly difficult! LOL

Eric

They publish a list of which centers can certify

IRS http://www.irs.gov/uac/TAC-Locations-Where-In-Person-Document-Verification-is-Provided

Private acceptance agents in foreign countries and by state http://www.irs.gov/Individuals/Acceptance-Agent-Program