Cannot get SSN or ITIN for NRA spouse and step-daughter

[Jimbo59 0]

I really have a difficult situation at least for me.

Facts: 

1.  I applied for and rec'd approval for a fiancé visa in 2019. 

2.  Wife and Daughter arrived early 2019,

3.  8 months later, they both left and went back their home country. (long story why)

4.  She left before they both got their green cards, so they are not eligible to come back to the US.  (Actually, it wasn't such a bad thing since the whole thing was a disaster anyway)

5.  I filed my 2019 Taxes as Married filing jointly along with ITIN applications.

6.  IRS denied ITIN applications due to not having original documents since they left the country

7.  I need to amend my return as we are still legally married.  It's a nightmare since the covid pandemic getting a divorce and getting immigration to halt the green card process.

8.  Since we are still married, I am not allowed to file as single and since they don't have a SSN nor can I get an ITIN for either one of them, what the heck do I do?

 

Any assistance would be appreciated as this is a real pickle....

 

[NancyNguyen 1,658]

You file married filing separate. 

Edited June 6, 2020 by NancyNguyen

[HRQX 4,145]

25 minutes ago, Jimbo59 said:

Since we are still married, I am not allowed to file as single and since they don't have a SSN nor can I get an ITIN for either one of them, what the heck do I do?

File MFS