Filing taxes - husband doesn't have a SSN

[BirdSong 39]

I've tried filing jointly and separate online. Both times require my husband's social security number, which he doesn't have.  We also looked online to inquire about the ITIN - looks like if you're eligible for a social security number, you can't file.  So, what do I do?

[Dashinka 24,505]

8 minutes ago, BirdSong said:

I've tried filing jointly and separate online. Both times require my husband's social security number, which he doesn't have.  We also looked online to inquire about the ITIN - looks like if you're eligible for a social security number, you can't file.  So, what do I do?

Need a little more information.  Did your husband apply for an SSN before his I94 expired?  If not, then technically he is not eligible for a SSN at this time (he would need either his EAD or a GC to get one).  File the W7 ASAP and hope you can get an ITIN before April 15th, but you also need to be ready to file an extension in case this doesn't happen.

 

Good Luck! 

[BirdSong 39]

10 minutes ago, Bill & Katya said:

Need a little more information.  Did your husband apply for an SSN before his I94 expired?  If not, then technically he is not eligible for a SSN at this time (he would need either his EAD or a GC to get one).  File the W7 ASAP and hope you can get an ITIN before April 15th, but you also need to be ready to file an extension in case this doesn't happen.

 

Good Luck! 

Hi! 

He filed for his SSN back in n December.  So far, nothing! Yes he applied before his 94 expired.  In January we went back to the Social Security office and they told us it's still pending by way of Department of Homeland Security. We sent off the i-485 but that's been rejected and sent back to us last week...

[Crazy Cat 41,878]

33 minutes ago, BirdSong said:

I've tried filing jointly and separate online. Both times require my husband's social security number, which he doesn't have.  We also looked online to inquire about the ITIN - looks like if you're eligible for a social security number, you can't file.  So, what do I do?

If you choose to file separately, you have to hand write "NRA" in the spouse SSN box...then mail it to the IRS.  For a joint return, I agree with  @Bill & Katya .

[Dashinka 24,505]

13 minutes ago, BirdSong said:

Hi! 

He filed for his SSN back in n December.  So far, nothing! Yes he applied before his 94 expired.  In January we went back to the Social Security office and they told us it's still pending by way of Department of Homeland Security. We sent off the i-485 but that's been rejected and sent back to us last week...

Then it sounds like all you can do is wait and hope for the SSN in the next few weeks, and plan for an extension if needed.

 

Good Luck!

[Wuozopo 4,293]

3 hours ago, BirdSong said:

Hi! 

He filed for his SSN back in n December.  So far, nothing! Yes he applied before his 94 expired.  In January we went back to the Social Security office and they told us it's still pending by way of Department of Homeland Security. We sent off the i-485 but that's been rejected and sent back to us last week...

They won’t be sending a SSN at this point because his window of eligibility closed two weeks before I-94 expiration. It doesn’t matter when he applied, he is no longer eligible.  
 

The ITIN procedure is— complete the tax return and ITIN application and mail with the proper proof (his passport) to the IRS center in Austin, Texas where they will process the ITIN, add it to the return, then process the return. They mail back his passport.

 

OR

Instead of mailing off the passport, he can go to a local IRS Taxpayer Assistance Center (TAC) in person to have his passport certified, so the copy of it is accepted in Austin as documentation with the ITIN application. 
 

Don’t forget that if you file a joint return, his UK income is reported on the return.  You also need to include the statement you both sign electing for him to be treated as a resident alien for tax purposes. 

Edited March 3, 2020 by Wuozopo