ITIN or wait for SSN and EAD?

[Crazy Cat 41,886]

6 hours ago, PJD said:

Hi Everyone 

 

I entered on a K-1 and married within 90 days, that was over 3 years ago. I'm just in the process of preparing my AOS and EAD.

 

My question is, we're about to file a joint tax return, which are ready to e-file. and obviously I need either a ITIN or SSN before we can submit our taxes, the ITIN seems overly complicated, as declarations and other nonsense have to be attached to file jointly. Should I just file for my EAD and SSN right away instead and file a tax extension if need be? or still go through with an ITIN which may take almost as long and possibly cause more confusion.

 

Any advice would be appreciated.

I would be much more concerned with my immigration status........the sooner you file the I-485, the sooner you will be granted authorized stay in the US.  Your spouse can just file separately now, then amend later if needed.

Edited April 9, 2020 by Lucky Cat

[KBCN 53]

If you file the AOS with your EAD (and/or AP) - the filing fee should be waived for the EAD and AP. So it would probably be in your best interest to do the AOS, EAD (and AP if you want/need it) all at once so you aren't paying for separate filings. 

 

Tax extension date for Federal Filings is July 15 (for filing and payment now). We submitted our AOS, EAD and AP filings together back in November and still haven't received the EAD/AP (and therefor, haven't received SSN either). We did receive an iRFE as well since they were requesting the birth certificate of my husband again (many in the Argentina group ran into the same issue). From my understanding, 4-6 months was the average time to get the EAD before COVID19. Personally, we are at 5 months and still waiting right now. So even with filing AOS/EAD now - you will have a high chance of not receiving the EAD and SSN by July.

 

If you don't need to file any 2019 taxes, then your spouse may want to consider filing on time (by July 15 - unless you guys have a State filing needed to get done) as married filing separately and then go back and amend the taxes (I think the statute of limitation is like 2 years to go back and amend a return). If ya'll do decide to do a tax extension (after July 15) - keep in mind that you still OWE (if you do) by the July 15 date. I did an extension one year because my company couldn't prepare their documents on time, I thought I owed nothing/was going to get a refund, but ended up owing so I had to pay interest on that amount on top of just paying the tax too.

 

Good luck!

[Wuozopo 4,293]

6 hours ago, PJD said:

Hi Everyone 

 

I entered on a K-1 and married within 90 days, that was over 3 years ago. I'm just in the process of preparing my AOS and EAD.

 

My question is, we're about to file a joint tax return, which are ready to e-file. and obviously I need either a ITIN or SSN before we can submit our taxes, the ITIN seems overly complicated, as declarations and other nonsense have to be attached to file jointly. Should I just file for my EAD and SSN right away instead and file a tax extension if need be? or still go through with an ITIN which may take almost as long and possibly cause more confusion.

 

Any advice would be appreciated.

Waiting on a SSN is an uncertain option because the timelines for EAD may be pushed back considerably given that offices are closed due to the Coronavirus. 
 

Filing with an ITIN for 2019 and a SSN for 2020 won’t confuse things. The process for ITIN is print the tax return leaving the SSN area blank. Both sign. Send  the 1) tax return and 2) ITIN application W7 with proof of identity to:

Internal Revenue Service
ITIN Operation
PO Box 149342
Austin, TX  78714-9342

 

That center will process the ITIN first, add the number to the tax return, then process the return. You would be considered filing on time when sending both together, even if processing is slow. 
 

The actual foreign passport is the one standalone documentation to go with the W7 (or a certified photocopy of it.) That certification can be done in person at an IRS Taxpayer Assistance Center when they open back up. They will certify your passport and send everything to Austin for you.  You likely have a better chance of a TAC opening before your EAD and SSN are issued. Or you can mail your passport off to Austin with the W7 and tax return and they will return it to you promptly.  
 

The IRS is not bothered that you have not filed for AOS. You are a resident alien for taxes because of the length of time you have been in the US. You do not have to submit a declaration choosing to be treated as a resident alien. You are one and can file jointly with your spouse. The IRS issues ITIN to actual illegals who entered the US without a visa or inspection so they will pay taxes on their income earned without work authorization. They do not reveal such to USCIS or ICE. There is a veil of separation between IRS and Homeland Security (USCIS, Border Patrol, ICE) when it comes to filing taxes. 
 

If the reason you are keen to get the SSN to file is the stimulus payment which is not issued to either party if one on the tax return has an ITIN—

Wait  a bit on filing 2019 until your spouse has received the $1200 based on 2018 filing separately return. We haven’t heard that the money is going out yet.  Even if you subsequently file 2019 with an ITIN, she won’t have to pay back her $1200 once issued. Then next year when you file your 2020 tax return with your SSN, you will get your $1200 applied as a credit, meaning $1200 more tacked on to your refund. 
 

You have until July 15 to file on time or file an extension.
 

 

 

 

 

[Orangesapples 1,954]

9 hours ago, PJD said:

I think you're right. Last year my wife filed as married filing separately and I didn't file as I didn't earn anything for 2018 taxes. 2019 is the first time we're filing jointly. Plus again I didn't have either an ITIN or SSN

If only one of you works, it makes little sense to file separately. You missed out on a bigger tax return. 

[Lemonslice 4,849]

6 minutes ago, Orangesapples said:

If only one of you works, it makes little sense to file separately. You missed out on a bigger tax return. 

They can still amend it, as far as I know.

[JeanneAdil 6,510]

3 hours ago, Lucky Cat said:

I don't think a person who has been on US soil for 3 years can be considered a nonresident alien for tax purposes.

correct / no ITIN for him as he is living in the US and is not a nonresident alien

[mde2dca2020 2]

On 4/9/2020 at 10:05 AM, Wuozopo said:

Waiting on a SSN is an uncertain option because the timelines for EAD may be pushed back considerably given that offices are closed due to the Coronavirus. 
 

Filing with an ITIN for 2019 and a SSN for 2020 won’t confuse things. The process for ITIN is print the tax return leaving the SSN area blank. Both sign. Send  the 1) tax return and 2) ITIN application W7 with proof of identity to:

Internal Revenue Service
ITIN Operation
PO Box 149342
Austin, TX  78714-9342

 

That center will process the ITIN first, add the number to the tax return, then process the return. You would be considered filing on time when sending both together, even if processing is slow. 
 

The actual foreign passport is the one standalone documentation to go with the W7 (or a certified photocopy of it.) That certification can be done in person at an IRS Taxpayer Assistance Center when they open back up. They will certify your passport and send everything to Austin for you.  You likely have a better chance of a TAC opening before your EAD and SSN are issued. Or you can mail your passport off to Austin with the W7 and tax return and they will return it to you promptly.  
 

The IRS is not bothered that you have not filed for AOS. You are a resident alien for taxes because of the length of time you have been in the US. You do not have to submit a declaration choosing to be treated as a resident alien. You are one and can file jointly with your spouse. The IRS issues ITIN to actual illegals who entered the US without a visa or inspection so they will pay taxes on their income earned without work authorization. They do not reveal such to USCIS or ICE. There is a veil of separation between IRS and Homeland Security (USCIS, Border Patrol, ICE) when it comes to filing taxes. 
 

If the reason you are keen to get the SSN to file is the stimulus payment which is not issued to either party if one on the tax return has an ITIN—

Wait  a bit on filing 2019 until your spouse has received the $1200 based on 2018 filing separately return. We haven’t heard that the money is going out yet.  Even if you subsequently file 2019 with an ITIN, she won’t have to pay back her $1200 once issued. Then next year when you file your 2020 tax return with your SSN, you will get your $1200 applied as a credit, meaning $1200 more tacked on to your refund. 
 

You have until July 15 to file on time or file an extension.
 

 

 

 

 

Thanks for providing in-depth information about this. I'm in a similar situation and not sure how to proceed:

 

We applied for an EAD when we filed for the adjustment of status back in January. However, in February we were sent an RFI requesting the tax return for 2019. I hurriedly filed as single because we hadn't received an SSN for us to file married. As a consequence, I am not eligible for the stimulus payment as I made too much single, even though I'd be eligible married (I also would've been eligible with my 2018 tax return).

 

Fast forward to today and now we're waiting on an interview, but offices are closed. There has been no movement on the EAD either. I'm thinking of filing an amended return and applying for an ITIN to a) become eligible for the stimulus, b) get refunded the taxes I ended up owing, and c) allow my spouse to start looking for work and get her drivers license.

 

However, based on your note it looks like no matter what I do I won't be eligible for the stimulus. Am I understanding that correctly?

[Wuozopo 4,293]

1 hour ago, scoop444 said:

We applied for an EAD when we filed for the adjustment of status back in January. However, in February we were sent an RFI requesting the tax return for 2019

You must have misunderstood the RFI because they can’t require a 2019 tax return until the deadline for filing 2019 had passed. 
 

1 hour ago, scoop444 said:

. I hurriedly filed as single because we hadn't received an SSN for us to file married.

I’m guessing you married in 2019, so you should not have filed as single. Do you mean Married Filing Separately or Single, as in not married?

 

1 hour ago, scoop444 said:

Fast forward to today and now we're waiting on an interview, but offices are closed. There has been no movement on the EAD either. I'm thinking of filing an amended return and applying for an ITIN to a) become eligible for the stimulus, b) get refunded the taxes I ended up owing, and c) allow my spouse to start looking for work and get her drivers license.

1. (a) I believe the early stimulus payment ship has sailed for you. They will pay based on the return you already filed. This is a huge operation to roll out and I can’t imagine they would say “Wait, we got a new return from scoop so back up and fix this guy.” I could be wrong, but can you follow my logic?  Also how do you intend to get the ITIN? That may be an unknown wait if you are okay sending her only ID (passport) off to Austin. And how does that work with an amended return?  Not sure myself. Adds a layer of complication. AND any return with an ITIN will not be eligible for stimulus. Wait until you file 2020 tax year and claim a stimulus then if your joint tax return meets the income requirement. 
    
2. (b) Yes you would pay less tax for 2019 with a spouse’s extra $12,200 to reduce your taxable income. I think I would do that later after she has a SSN. Your position right now amid office closures is getting too messy without having a SSN or ITIN.  You know when filing jointly you will also report any income she had in Colombia during calendar year 2019? Amending is a valid thing you can do, but a separate issue from trying to get a stimulus payment early. 
    
3. (c) I don’t see how anything you said about an ITIN or amending the 2019 return will allow your wife to get a driver license. She needs a SSN in most states to get a license. She could have gotten a SSN upon arrival last October, but that window closed to her around the first of January. She can look for work without a SSN or EAD, she just can’t start the job until she gets those. With so many out of work, it’s going to be a challenge to find somebody to hold a job open for an unknown period of time until she is eligible. But now is a good time to create a resume of skills and past experience and look around for job openings. 
    

[mde2dca2020 2]

@Wuozopo Thanks for the quick response. I filed single. I'm a bonehead for filing single, clearly overreacted to the RFI and just wanted to get things rolling as quickly as possible. 

 

It is unfortunate that I didn't even need to submit the most recent return, but I was under that impression since I submitted 2016-2018 and got this back (see below). Now I'm even more confused as to why they sent it?

 

[Wuozopo 4,293]

45 minutes ago, scoop444 said:

@Wuozopo Thanks for the quick response. I filed single. I'm a bonehead for filing single, clearly overreacted to the RFI and just wanted to get things rolling as quickly as possible. 

 

It is unfortunate that I didn't even need to submit the most recent return, but I was under that impression since I submitted 2016-2018 and got this back (see below). Now I'm even more confused as to why they sent it?

Note it did not say send a 2019 return. It said your “most recent”. Your most recent would have been 2018 until the filing deadline of April 15, 2020 (now July 15). USCIS can’t make you file any earlier than IRS requirements. 
 

When they say send a complete tax return, it is usually that what you sent for 2018 was lacking something so was not considered complete. Did you make a photocopy of exactly what you sent the first time to check yourself? What did you include?

The instructions for the I-864 say:

If you provide a photocopy of your Federal individual income tax returns, you must include a copy of each and every Form W-2 and Form 1099 that relates to your returns. 
 

Hey, don’t beat yourself up over this. Yes, you made a few mistakes and this whole virus shutdown makes it harder to rectify. You’ll sort it out eventually and it will be easier when she gets her SSN and offices open up. Meanwhile just stay in, stay safe, and enjoy having your wife here with you. We are all on “pause” in one way or another.

Edited April 13, 2020 by Wuozopo

[inatl 1]

If you wait for the EAD and file with the Social Security # then you or at least your husband may be eligible for the stimulus check.   Married Citizens filing Jointly with spouses that have an ITIN are not eligible for the Stimulus Check.