Is it true that my foreign spouse (who we've not yet filed an I-130 for) cannot get an ITIN?

[Bearr 0]

I just met with a "tax pro" at HR Block to discuss filing a tax return for the first time since we were married last year. Hoping that I could file jointly and get a significantly better return, as everything I've read only has said we can file for an ITIN for my spouse along w/ written statement per at the same time we file our taxes. However, the HR Block rep kept insisting that my spouse would not be eligible to file for an ITIN because he will be eligible to file for a SSN eventually.

 

However, we have not yet even filed our I-130 packet still due to other unrelated circumstances (although we plan to do so next month). My spouse and I have never lived together, and he still resides in his home country of Canada.

That being the case I felt like her statement is incorrect, since my foreign spouse is not currently eligible for a SSN and likely won't be until (I'm guessing) sometime very late this year or next year. Unless there's some weird rule that makes it so that the possibility of future SSN eligibility counts as currently being eligible...😣

 

If I really have to I will file as MFS, but at the cost of thousands of potential tax refund dollars I'd otherwise get if filing jointly. HR Block rep did say we could amend the return to MFJ once my spouse does receive a SSN, but the extra money would really be helpful right now if there's any way possible to avoid that delay.

 

Has anyone else been in a similar situation?

Edited February 19, 2020 by Bearr

[Wuozopo 4,293]

A lot of H&R “pros” have spent less time in all their training than some of the knowledgeable people here have spent strictly on learning about the nuances of the newly married immigrant situation. Your spouse can get an ITIN to allow him to file a joint tax return. Doesn’t matter that he will eventually get a SSN because that won’t happen this tax filing season. 

[ADW & JOP 146]

1 hour ago, Bearr said:

I just met with a "tax pro" at HR Block to discuss filing a tax return for the first time since we were married last year. Hoping that I could file jointly and get a significantly better return, as everything I've read only has said we can file for an ITIN for my spouse along w/ written statement per at the same time we file our taxes. However, the HR Block rep kept insisting that my spouse would not be eligible to file for an ITIN because he will be eligible to file for a SSN eventually.

 

However, we have not yet even filed our I-130 packet still due to other unrelated circumstances (although we plan to do so next month). My spouse and I have never lived together, and he still resides in his home country of Canada.

That being the case I felt like her statement is incorrect, since my foreign spouse is not currently eligible for a SSN and likely won't be until (I'm guessing) sometime very late this year or next year. Unless there's some weird rule that makes it so that the possibility of future SSN eligibility counts as currently being eligible...😣

 

If I really have to I will file as MFS, but at the cost of thousands of potential tax refund dollars I'd otherwise get if filing jointly. HR Block rep did say we could amend the return to MFJ once my spouse does receive a SSN, but the extra money would really be helpful right now if there's any way possible to avoid that delay.

 

Has anyone else been in a similar situation?

I am also from Canada. I can tell you first hand that your partner can get an ITIN. Last year, we filed MFJ and submitted our tax return with the W7 at a Taxpayer Assistance Center and I received my ITIN 7 weeks later.

[JeanneAdil 6,583]

IRS form W7 for the ITIN   use form 2555 to exclude his income up to $105,900 

 

https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse

 

 

don't pay H& R Block for poor advice 

i claimed my husband each year till he came

 

also,  change this to SS number on any forms after he comes (like a bank account or  with IRS)

 

[Bearr 0]

Thank you to all for your feedback! I went to this specific pro because she claimed to have expertise in foreign income and military families, but the whole time I spoke with her she was just googling the same things I already, and seemed less informed than I did... I went there for the reassurance that I was on the right track, but I guess I shouldn't have. Luckily I didn't have to pay anything for this visit because yikes. 🙃

 

––

1 hour ago, JeanneAdil said:

IRS form W7 for the ITIN   use form 2555 to exclude his income up to $105,900 

 

https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse

 

 

don't pay H& R Block for poor advice 

i claimed my husband each year till he came

 

also,  change this to SS number on any forms after he comes (like a bank account or  with IRS)

 

Thanks for this piece of advice! On the 2555 form, however, it doesn't seem like I will be qualified to claim this exemption, since my tax home is in the US... Should this form then be filled out using my husband's info treating him as a resident alien for tax purposes per pub. 519, and fill in "NRA" where it asks for SSN?

 

Also, being that we have not filed our petition yet, I'd like to ensure this won't mess anything up down the line for that, right?

[NikLR 13,228]

1 hour ago, Bearr said:

Thank you to all for your feedback! I went to this specific pro because she claimed to have expertise in foreign income and military families, but the whole time I spoke with her she was just googling the same things I already, and seemed less informed than I did... I went there for the reassurance that I was on the right track, but I guess I shouldn't have. Luckily I didn't have to pay anything for this visit because yikes. 🙃

 

––

Thanks for this piece of advice! On the 2555 form, however, it doesn't seem like I will be qualified to claim this exemption, since my tax home is in the US... Should this form then be filled out using my husband's info treating him as a resident alien for tax purposes per pub. 519, and fill in "NRA" where it asks for SSN?

 

Also, being that we have not filed our petition yet, I'd like to ensure this won't mess anything up down the line for that, right?

You dont claim the exemption, he does. With an ITIN and MFJ your spouse is claiming to a resident of the USA for tax purposes.  He may want to double check this doesnt mess up his Canadian taxes. 

[Wuozopo 4,293]

1 hour ago, Bearr said:

Thank you to all for your feedback! I went to this specific pro because she claimed to have expertise in foreign income and military families, but the whole time I spoke with her she was just googling the same things I already, and seemed less informed than I did... I went there for the reassurance that I was on the right track, but I guess I shouldn't have. Luckily I didn't have to pay anything for this visit because yikes. 🙃

 

––

Thanks for this piece of advice! On the 2555 form, however, it doesn't seem like I will be qualified to claim this exemption, since my tax home is in the US... Should this form then be filled out using my husband's info treating him as a resident alien for tax purposes per pub. 519, and fill in "NRA" where it asks for SSN?

 

Also, being that we have not filed our petition yet, I'd like to ensure this won't mess anything up down the line for that, right?

His information is to exclude his Canadian income from taxes. You can not use NRA on a joint return. That is only when you file Married Filing Separately. It’s a little tricky when he is not here to do his part. Perhaps he can visit before filing deadline so you don’t have to mail back and forth.

 

You prepare the joint return leaving his SSN blank. (both must sign the paper return)

Prepare your statement for him to be treated as a resident alien (both must sign)

He fills out the W-7 application for ITIN (he signs)

He provides the documents required for ITIN.

MAIL all of the above to:

Internal Revenue Service, Austin Service Center

ITIN Operation

P.O. Box 149342

Austin, TX 78714-9342

They will process the ITIN and fill in the number assigned on your tax return, then process the return.

 

Here’s the hassle—the best document required with his application is his actual passport or a certified copy from the issuing agency. Most do not want to mail their passport off to a P.O. BOX. Or if he visits the US, you can go together to apply in-person at a Certified Acceptance Agency (Fee?)or an IRS Taxpayer Acceptance Center (Free). They will certify his passport and (I think) send it all off to Austin for you. And he can sign all his bits while visiting. 
 

There are also a lot of Certifying Acceptance Agents In Canada that might work out for him.  You could sign all your bits and send to him to sign and then present his passport, W7, the return, and statement at a CAA in Canada.

Canada—>  https://www.irs.gov/individuals/international-taxpayers/acceptance-agents-canada

 

The good news is you won’t ever have to do this again. 😁

 

 

 

 

 

[JeanneAdil 6,583]

On 2/19/2020 at 6:02 PM, Bearr said:

Thank you to all for your feedback! I went to this specific pro because she claimed to have expertise in foreign income and military families, but the whole time I spoke with her she was just googling the same things I already, and seemed less informed than I did... I went there for the reassurance that I was on the right track, but I guess I shouldn't have. Luckily I didn't have to pay anything for this visit because yikes. 🙃

 

––

Thanks for this piece of advice! On the 2555 form, however, it doesn't seem like I will be qualified to claim this exemption, since my tax home is in the US... Should this form then be filled out using my husband's info treating him as a resident alien for tax purposes per pub. 519, and fill in "NRA" where it asks for SSN?

 

Also, being that we have not filed our petition yet, I'd like to ensure this won't mess anything up down the line for that, right?

I was refering to any income your foreign spouse may have as he is outside the US

[Ontarkie 14,314]

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