Filing Taxes while AOS

[davidindallas 6]

I am a US citizen and my spouse is currently AOS. When I file my taxes for this past year do I file jointly? My spouse has no ssn. We recently completed biometrics, but that is it so far.

[Italian_in_NYC 259]

Either MFS (with spouse not filing). No SSN required, just put NRA in the box.

Or MFJ. In that case she will need an ITIN and declare all of her worldwide income and all the information returns if she has assets abroad.

My suggestion: not always filing jointly is the best option (it depends on many things), but if it is, you can file for an extension and you have until October 15 to file. Hopefully by that time your spouse will have a SSN.

[LionessDeon 2,060]

Why not just have your spouse apply for a social security number?

 

[Italian_in_NYC 259]

1 hour ago, LionessDeon said:

Why not just have your spouse apply for a social security number?

 

Can you apply for a SSN with just the I-485 pending? I have no idea.

If so, that's obviously the best option.

[LionessDeon 2,060]

1 minute ago, Italian_in_NYC said:

Can you apply for a SSN with just the I-485 pending? I have no idea.

If so, that's obviously the best option.

Absolutely.  It should've been done when the beneficiary first arrived in USA.  All that needs to be done is take birth certificate, passport, I-485 NOA1, marriage license to local Social Security office.  I would also take the I-94 and maybe any other important documentation they may ask for but that was all it took for my husband to get his.  It arrived in the mail in 10 days.

[Italian_in_NYC 259]

1 minute ago, LionessDeon said:

Absolutely.  It should've been done when the beneficiary first arrived in USA.  All that needs to be done is take birth certificate, passport, I-485 NOA1, marriage license to local Social Security office.  I would also take the I-94 and maybe any other important documentation they may ask for but that was all it took for my husband to get his.  It arrived in the mail in 10 days.

Then, OP, just have your spouse go to a SSA office and apply. Plenty of time left before your tax return is due. 

[geowrian 22,338]

7 minutes ago, LionessDeon said:

Absolutely.  It should've been done when the beneficiary first arrived in USA.  All that needs to be done is take birth certificate, passport, I-485 NOA1, marriage license to local Social Security office.  I would also take the I-94 and maybe any other important documentation they may ask for but that was all it took for my husband to get his.  It arrived in the mail in 10 days.

Applying for an SSN requires either:

1) at least 14 days of legal status remaining with a status that permits obtaining an SSN (i.e. K-1), or

2) an EAD/green card/etc. A NOA1 alone does not meet the requirements.

[LionessDeon 2,060]

Just now, geowrian said:

Applying for an SSN requires either:

1) at least 14 days of legal status remaining with a status that permits obtaining an SSN (i.e. K-1), or

2) an EAD/green card/etc. A NOA1 alone does not meet the requirements.

We had no problem in Ohio.  I am telling you that I took my husband to the SS office in our city and he got his SS card within 10 days.  Now maybe every state handles things differently  (although SS is federal) but it took minutes with the lady at the SS office.  She took the above documents I mentioned, asked him some questions and we were done.  

 

Now maybe it has something to do with the I-94 not being expired, which is why it should be done soon after POE.

[geowrian 22,338]

3 minutes ago, LionessDeon said:

We had no problem in Ohio.  I am telling you that I took my husband to the SS office in our city and he got his SS card within 10 days.  Now maybe every state handles things differently  (although SS is federal) but it took minutes with the lady at the SS office.  She took the above documents I mentioned, asked him some questions and we were done.  

 

Now maybe it has something to do with the I-94 not being expired, which is why it should be done soon after POE.

Yup, exactly. I'm presuming he met requirement #1 since he came on a K-1 and the I-94 was not expired (assumingly with 14+ days of legal status remaining). In the OP's case, I don't think it has been clarified what status they came in on or how much legal stay is remaining.

Edited January 2, 2018 by geowrian