Can I send W-7 ( ITIN application) along with Amended tax returns?

[LBee1592 17]

Hi!

 

We are in the process of filing for I-485 with I-130 and we need to amend tax returns for all the years we have been married since my husband had been filing as "single" since we didn't know that we could file as "married" since I don't have a SSN yet. 

Anyways, we now have to amend his tax returns for the past years, starting with 2016. (So basically, 2016, 2017 and 2018)

We also have to apply for my ITIN number. 

My question is, is it possible for us to send a 1040-X for 2016 along with the W-7 (application for ITIN) or do I have to send the W-7 with the current year tax return?

 

Thank you!

[Wuozopo 4,293]

1 hour ago, LBee1592 said:

Hi!

 

We are in the process of filing for I-485 with I-130 and we need to amend tax returns for all the years we have been married since my husband had been filing as "single" since we didn't know that we could file as "married" since I don't have a SSN yet. 

Anyways, we now have to amend his tax returns for the past years, starting with 2016. (So basically, 2016, 2017 and 2018)

We also have to apply for my ITIN number. 

My question is, is it possible for us to send a 1040-X for 2016 along with the W-7 (application for ITIN) or do I have to send the W-7 with the current year tax return?

 

Thank you!

That’s getting a little too complicated.
OPINION:  I would file the current tax return (2019) with the  ITIN application to the Austin address where those are supposed to go. Once assigned an ITIN, then he can go back and change his filing status for 2016-2018 and file the 1040Xs to the address where those are supposed to go, which depends on his residence.

 

I don’t think it’s going to matter to USCIS if he does not amend the older ones before he files immigration paperwork. Get 2019 done and send that. You aren’t required to send returns but the most recent one. He can get straight with the IRS once you have an ITIN.