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Nicholas35

Filing tax wife doesn't have ssn

By Nicholas35 in Tax & Finances During US Immigration

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payxibka Grand Master

payxibka   10,045

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Filed: AOS (apr) Country: Philippines
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Posted
4 minutes ago, Nicholas35 said:

hey everyone

i have question i got married last year my wife lives here in the u.s with me she doesn't have green card we will be  applying shortly I am starting to file my income tax but she doesn't have a ssn should i file as single i need help

Their is an entire tax forum where this exact question is discussed every day.  

 

No, you are married,  you don't file single 

YMMV

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EM_Vandaveer Experienced

EM_Vandaveer   2,408

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Filed: Citizen (apr) Country: Hungary
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If you were married on 31 December 2018 then you can't file taxes as Single. You can file Married Filing Separately and amend it to Married Filing Jointly once she gets an SSN.

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

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payxibka Grand Master

payxibka   10,045

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Filed: AOS (apr) Country: Philippines
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Posted
12 minutes ago, Nicholas35 said:

Ok but when i select married its asking for ssn wish she do not have i try leaving it blank but it won't let me

You may not be able to file electronically.  Get her an itin and file jointly

YMMV

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JAMROCKJNJ Rookie

JAMROCKJNJ   9

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Filed: IR-1/CR-1 Visa Country: Jamaica
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Posted

If she’s here and you’re married why hasn’t she applied for a SSN? She doesn’t have to have her green card in hand to apply for it. The ITIN is one route but it may be faster to get a SSN.

Side note: as others stated don’t file single if your married, it may come back to bite you when you file for ROC. 

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arken Mentor

arken   4,197

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Filed: F-2A Visa Country: Nepal
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Three choices:

1. File as Married Filing Separately (wife’s ssn or itin not required) (paper filing, less return, can amend later)

2. File as Married Filing Jointly along with application for wife’s ITIN (a lil bit if forms n process for ITIN). (Paper filing)

3. Your wife goes to SSA office, applies for SSN. She gets SSN in 2-3 weeks. Then file as Married Filing Jointly online with SSN

 

I recommend to go with option 3. 

 

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

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.

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.

Myself:

2016-05-10: N-400 Sent

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payxibka Grand Master

payxibka   10,045

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Filed: AOS (apr) Country: Philippines
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Posted
41 minutes ago, arken said:

Three choices:

1. File as Married Filing Separately (wife’s ssn or itin not required) (paper filing, less return, can amend later)

2. File as Married Filing Jointly along with application for wife’s ITIN (a lil bit if forms n process for ITIN). (Paper filing)

3. Your wife goes to SSA office, applies for SSN. She gets SSN in 2-3 weeks. Then file as Married Filing Jointly online with SSN

 

I recommend to go with option 3. 

 

May not be eligible for an ssn

YMMV

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Ate Enthusiast

Ate   180

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Filed: K-1 Visa Country: Philippines
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Posted (edited)
29 minutes ago, Nicholas35 said:

No she not eligible for ssn yet and i went to h&r block she has to get itin for either filing married jointly or married filing separately thats what they told me today ..... Crazy

 

The rules are straightforward.  You file as MFS or MFJ.  If MFJ, you apply for ITIN for your wife.  Many couples here on VJ file that way just fine and some don't even live together in the US like you do.  Nothing crazy about it.

 

Edited by Ate
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Nov2017AD Explorer

Nov2017AD   52

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Posted (edited)

Fill out W-7 form, attach to tax return, write statement you're treating wife as resident alien. H&R block probably told you this as they have FREE ITIN signs posted on their windows. It's free and easy.

 

Married filing joint, you "should" include her worldwide income. 

Edited by Nov2017AD
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JAMROCKJNJ Rookie

JAMROCKJNJ   9

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Filed: IR-1/CR-1 Visa Country: Jamaica
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Posted (edited)

Not eligible because you haven’t filed? Yes you will need an ITIN but not sure if you can claim her as a dependent or exemption, that’s for tax years prior to 2018, according to IRS-see below. Check with a professional to see if that includes 2018. Your best bet would be to get the ITIN and file jointly. Otherwise you may have to explain why you filed separately when you file for ROC. It’s an easy explanation but prob easier to not have to (for co-mingling purposes) since she is here and you are together. 

 

https://www.irs.gov/instructions/iw7

 

 

Edited by JAMROCKJNJ
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Ryan H Grand Master

Ryan H   3,812

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Filed: Lift. Cond. (apr) Country: China
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Moved from K1 Process & Procedures to Tax & Finances During US Immigration forum.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
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October 6, 2011: Case complete at NVC
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December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

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