confused over my tax status, how do we file?

[Lostinlimbo 0]

My story is really complicated but basically, this will be the first year my husband will be filling taxes with me on them, I don't earn anything, he's the sole breadwinner. I would qualify for a ssn if I could afford the filing fees, which right now I cant. I meet the presence test but can I still apply for an itin even though I qualify for a ssn? Or Could I still qualify as NRA if I plan to go back to my country of origin? My husband was out of work for a very long time and this year has been the first one he's worked and will file for since I've been here so I've never had to deal with it before but our situation is unique, omg and ridiculous to go into and I'm so lost. We have been in limbo for some time now and we are finally reaching a point where we can start getting our lives in order so I want to get it all right. Thanks for any insight!

[Transborderwife 4,666]

Sorry, but what's your status here?

[Kastrs 723]

I am confused, there is no fee to file for a SS number, and what is your current status

[aaron2020 11,651]

Hi,

There is no fee to get an SSN.

Are you a VWP overstay who can not afford AOS?

Either file a joint return with an ITIN or file separately. Your legal status does not matter to the IRS.

[Lostinlimbo 0]

I overstated on a waiver after I got stranded here, I was supposed to go home but some really bad stuff went down and I stayed here, I won't bore you with the details. I haven't worked so I don't earn money, and we were living with a friend rent free until we got ourselves in order. I was told I could apply for the adjustment but I can't afford it because I don't work and my husband wage is small so we live week to week. I did find a cosponsor. Everything im reading says you can't get an itin if you qualify for a ssn, do does that mean I can't get an itin if I apply for one? Or does the fact I can't afford the aos mean I should be able to get an itin? I'm just really confused because I have all our tax documents and health ins etc in place but if don't let me efile without an ssn or itin so I know I need to mail that in but what do I do if I can't get an itin and can't afford the adjustment to get the ssn?? Am I over thinking it?

Edited February 2, 2016 by Lostinlimbo

[aaron2020 11,651]

You do not qualify for an SSN living here illegally. Get an ITIN if you want to file a joint return. It's that easy.

[Lostinlimbo 0]

Alright, there's no need to be mean. I was told I could adjust my status because I was married already when I got stuck here and overstated the waiver, something I never planned to do, but a lot of bad things happened and I did and I'm trying to deal with it the right way right now. So I do qualify for aos, and therefore the ssn. I will apply for an itin and see what happens.

[Transborderwife 4,666]

You should try to aos immediately. You're subject to removal otherwise.