Same Sex, Visa, TAX TIME

[DelmondoLove 0]

Hello All,

my and my same sex partner married in March 2014. She was her work EAD. She does not have a green card yet, we are waiting on that. We never applied for the SSN like we should have in the beginning (we didnt know)

so, she does not have a social security number. she does not have an ITIN.

I need to file my taxes. My W2 states married. Preparer said we need a SSN or ITIN. Im pretty sure she is not eligible for an SSN at this time as we are waiting on the green card and missed that opportunity. My spouse does not work, does not have an income. I only work and have a W2.

1. Should we mail in the W7 and apply for an ITIN for her? Won't this take too much time?

2. Or, can I just put married filling separately and insert NRA in the SSN box? The tax prep person said I could end up owing a lot more money if I do married filing separately as compared to married filing jointly. Im tight on money...

Please help and advise.

THANKS

[aaron2020 11,651]

1. If you want to file a joint return, you need the ITIN. Your choice is not to take the time and have to file separately.

2. You will pay more.

Two choices: 1) no ITIN, file separately, and owe lots more in taxes, or 2) file for the ITIN, wait to file jointly, and owe less in taxes.

Your choice.

[Qilipu 0]

Hello All,

my and my same sex partner married in March 2014. She was her work EAD. She does not have a green card yet, we are waiting on that. We never applied for the SSN like we should have in the beginning (we didnt know)

so, she does not have a social security number. she does not have an ITIN.

I need to file my taxes. My W2 states married. Preparer said we need a SSN or ITIN. Im pretty sure she is not eligible for an SSN at this time as we are waiting on the green card and missed that opportunity. My spouse does not work, does not have an income. I only work and have a W2.

Logically, if she has an EAD, she is eligible for an SSN as well. (Otherwise how could she fill a W-4 if making use of her EAD to take a paying job)?

The SSA explicitly tells that Form I-766 (Employment Authorization Card) (aka EAD) is an acceptable document for the purpose of applying for a SSN: http://www.ssa.gov/pubs/EN-05-10096.pdf

There are more technical details here : https://secure.ssa.gov/poms.nsf/lnx/0110211420(not that you care for them).

As to the tax return for year 2014, I would think that you have an option of applying for extension of time to file, and waiting with the actual filing until the SSN is issued; or using the "applied for" description instead of SSN. At least that's how things used to be in the past.

[DelmondoLove 0]

Thanks! Got it.

We were supposed to apply for the SSN in the beginning once she got here. But we never did. Several months ago they told us we have to wait till Green card...

our mistake

[Pitaya 2,577]

~Moved from K1 Process to Tax & Finance During US Immigration Forum~

~Inquiry about US Fed Income Tax, past K1-related~