SSN not granted for K1 fiancé husband, can't file taxes

[jtrh 27]

My husband came on a K1 fiancé visa in November and applied for his SSN in early December. We still hadn't received it and finally found out why today: DHS did not approve his SSN application because it has somehow confused his record with the record of someone in the US on a student visa. Since my husband's K1 visa expires in less than 2 weeks, we've been told that he cannot reapply for a SSN till work authorization is granted, which looks to be in May according to VJ timelines. 

 

Beyond the endless frustration with US gov services, I have two questions:

1. How do I file my taxes? I want to file as Married Filing Jointly because I will save a ton; however, the online tax filing software tells me that I can't file jointly without my spouse's SSN.

2. Will my husband be able to work immediately when he gets work authorization even if he won't yet have SSN?

 

Thanks for any advice. The employee at the SS office said this happens rarely--he's seen like 5 cases in his career. Super annoying that it happened to us. 

[Crazy Cat 41,850]

1.  His K-1 visa does not expire in 2 weeks.  It was irrelevant when he entered the US.  Perhaps you meant that his I-94 expires in 2 weeks (90 days after arrival).  You can not file a joint return if he does not have a SSN or ITIN.  You can file "Married Filing Separately" now, then amend your taxes to a joint return later.....

2.  This IRS publication explains: https://www.ssa.gov/pubs/EN-05-10096.pdf

[Ben&Zian 4,398]

When did you marry? Obviously must have been before January 1st, 2019 to even be able to file/claim married for the 2018 year.  Also won't let magically refund all the years "single" tax rate.

 

 

[Wuozopo 4,293]

2 hours ago, jtrh said:

Beyond the endless frustration with US gov services, I have two questions:

1. How do I file my taxes? I want to file as Married Filing Jointly because I will save a ton; however, the online tax filing software tells me that I can't file jointly without my spouse's SSN.

 You have to get in ITIN number for your husband. The simplified directions are here, but you will have to read the detailed directions for the application.

1. Complete the joint tax return leaving the SSN blank for him. Remember to report any income he earned in France during 2018.
2. Print the return both sign.
3. Prepare the statement requesting for him to be treated as a resident alien for tax purposes. Print and both sign.
4. Fill out IRS form W-7 to request the ITIN. Follow the instructions. Form W-7  https://www.irs.gov/pub/irs-pdf/fw7.pdf and Form W-7 instructions:https://www.irs.gov/pub/irs-pdf/iw7.pdf
5. Place the W7 on top of the tax forms. Include his actual foreign passport, not a photocopy.

Mail to the office that issues ITINS

Internal Revenue Service

ITIN Operation
P.O. Box 149342
Austin, TX 78714-9342 

 

For FedEx or other delivery services, use this address

Internal Revenue Service ITIN Operation
Mail Stop 6090-AUSC
3651 S. Interregional, Hwy 35

Austin, TX 78741-0000 

 

The Austin IRS center will process the ITIN first, then put the new ITIN on the tax return, then the tax return will be processed. The passport will be returned by mail.

 

Alternately, you can visit an IRS Taxpayer Assistance Center in person and present the identity documents for verification along with the completed tax return. Make an appointment. See the list of centers here. 

https://www.irs.gov/help/tac-locations-where-in-person-document-verification-is-provided

 

 

 

 

 

Edited February 6, 2019 by Wuozopo

[jtrh 27]

1 hour ago, Wuozopo said:

 You have to get in ITIN number for your husband. The simplified directions are here, but you will have to read the detailed directions for the application.

1. Complete the joint tax return leaving the SSN blank for him. Remember to report any income he earned in France during 2018.
2. Print the return both sign.
3. Prepare the statement requesting for him to be treated as a resident alien for tax purposes. Print and both sign.
4. Fill out IRS form W-7 to request the ITIN. Follow the instructions. Form W-7  https://www.irs.gov/pub/irs-pdf/fw7.pdf and Form W-7 instructions:https://www.irs.gov/pub/irs-pdf/iw7.pdf
5. Place the W7 on top of the tax forms. Include his actual foreign passport, not a photocopy.

Mail to the office that issues ITINS

Internal Revenue Service

ITIN Operation
P.O. Box 149342
Austin, TX 78714-9342 

 

For FedEx or other delivery services, use this address

Internal Revenue Service ITIN Operation
Mail Stop 6090-AUSC
3651 S. Interregional, Hwy 35

Austin, TX 78741-0000 

 

The Austin IRS center will process the ITIN first, then put the new ITIN on the tax return, then the tax return will be processed. The passport will be returned by mail.

 

Alternately, you can visit an IRS Taxpayer Assistance Center in person and present the identity documents for verification along with the completed tax return. Make an appointment. See the list of centers here. 

https://www.irs.gov/help/tac-locations-where-in-person-document-verification-is-provided

 

 

 

 

 

Super thorough @Wuozopo, thank you! Though I'm super nervous about sending his passport in the mail, esp since it's really the only thing that shows his legal status in this country. 

 

Also at the risk of sounding like an utter idiot, I totally didn't realize that we would have to claim his foreign income on our return! It isn't taxed, right? He'll be exempt under Foreign Earned Income Exclusion?

[Crazy Cat 41,850]

1 minute ago, jtrh said:

Super thorough @Wuozopo, thank you! Though I'm super nervous about sending his passport in the mail, esp since it's really the only thing that shows his legal status in this country. 

 

Also at the risk of sounding like an utter idiot, I totally didn't realize that we would have to claim his foreign income on our return! It isn't taxed, right? He'll be exempt under Foreign Earned Income Exclusion?

If you file a joint return, his income will have to be reported......or he could also possibly file as a dual resident.....which could exclude reporting income he obtained prior to arriving in the US.....then you have FBAR, etc......It can get complex.........Personally, if he had income, I suggest you consult a knowledgeable tax professional.

[Wuozopo 4,293]

12 minutes ago, jtrh said:

Super thorough @Wuozopo, thank you! Though I'm super nervous about sending his passport in the mail, esp since it's really the only thing that shows his legal status in this country. 

 

Also at the risk of sounding like an utter idiot, I totally didn't realize that we would have to claim his foreign income on our return! It isn't taxed, right? He'll be exempt under Foreign Earned Income Exclusion?

 

Joint filers have to report worldwide income of both spouses.  Form 2555 excludes the taxes his foreign income would generate. There are threads where that is discussed. IRS Publication 519 provides information on the statement you write to make the election to treat him as a resident alien for tax purposes. 

Making the choice.

You should attach a statement signed by both spouses to your joint return for the year of the choice. The statement must contain the following information.

A declaration that you both qualify to make the choice and that you choose to be treated as U.S. residents for the entire tax year.

The name, address, and taxpayer identification number (SSN or ITIN) of each spouse. (If one spouse died, include the name and address of the person who makes the choice for the deceased spouse.) 

 

I understand about being nervous about mailing the passport off for weeks. See if you can find a Taxpayer Assistance Center that can verify his identity and hand the documents back on the spot then send the return to Austin. It is explaine more fully in the W-7 instructions.  Also note that anything in the instructions that talks about dependents does not apply to you. Skip that. A spouse is not a dependent in IRS terms. Dependents would be children for example. A lot of people on here refer to claiming their spouse as a "dependent" so I just wanted to mention that is incorrect terminology. 

 

 

[Wuozopo 4,293]

SORRY! I copied the wrong section out of Pub. 519 about the statement. Slightly different because you say one spouse is a US citizen.

 

Attach a statement, signed by both spouses, to your joint return for the first tax year for which the choice applies. It should contain the following information.

• A declaration that one spouse was a non- resident alien and the other spouse a U.S. citizen or resident alien on the last day of your tax year, and that you choose to be treated as U.S. residents for the entire tax year.
• The name, address, and identification number of each spouse. (If one spouse died, include the name and address of the person making the choice for the deceased spouse.)