2020 taxes while AOS

[Mchole 1]

Hey everyone - I tried filing my taxes through the free turbotax option as I only have my income from my job to show and no additional deductions etc. With my wife coming to the US in November and getting married before Dec 2020, I was rushing to file as I needed to submit my 1040 with our AOS application. I didn't do much research as I now see that it would have been better to file married jointly. I filed married separately but since my wife has no SSN/ITIN number, what should I do now? Turbotax allowed me to print out my 1040 and said in the instructions to mail it it in because I can't provide a SSN for my wife. Since we are filing separately, do I need to also file for a ITIN or do I just write NRA for the SSN? I am still getting a decent tax refund so I don't care if I would have gotten more if I filed jointly, I just want to make sure that everything is being done correctly and I won't have problems with the IRS. Do I just mail my 1040 to the IRS as it is printed out from the turbotax site or do I need to add anything else to it?

 

Also, with us being from NJ, there was a question about whether we have insurance or not. I had insurance during 2020 under my parents and my wife obviously didn't. I am not sure if I answered that correctly (she got enrolled in January under my employer). There is something about an insurance mandate and a penalty if you don't have insurance but does she or I qualify for an exception? She was here for less than 60 days in 2020 and I was under a family insurance. There is a form (Schedule NJ-HCC) to complete for that as well attached to the 1040 where I need to fill in exemptions and dates on it which looks confusing. 

[Snowwolf 7]

Hi, I am in the exact situation as you. I am following this thread to find out what to do as well.

[Wuozopo 4,293]

You prepared your taxes with TurboTax but you haven’t filed anything yet. Filing is delayed this year and the  IRS won’t begin processing until Feb 12, so no rush. A joint return will get you more money back. Start over. Your 2019 return will suffice for AOS. It is currently your “most recent tax return.”

[Snowwolf 7]

13 minutes ago, Wuozopo said:

You prepared your taxes with TurboTax but you haven’t filed anything yet. Filing is delayed this year and the  IRS won’t begin processing until Feb 12, so no rush. A joint return will get you more money back. Start over. Your 2019 return will suffice for AOS. It is currently your “most recent tax return.”

How can one do a joint return if the other spouse does not have an SSN/ITIN?

[Wuozopo 4,293]

12 hours ago, Snowwolf said:

How can one do a joint return if the other spouse does not have an SSN/ITIN?

They prepare their return, complete an ITIN application, send both with supporting identification to the special address in Austin TX that handles that. The ITIN is assigned, then the return is processed. 
 

Or they could try to find a Social Security office open, or do the mail in instructions to get a SSN. The OP is rushing to file and not wanting to get the SSN or ITIN now. 

[Wuozopo 4,293]

1 hour ago, Wuozopo said:
 

Or they could try to find a Social Security office open, or do the mail in instructions to get a SSN. The OP is rushing to file and not wanting to get the SSN or ITIN now. 

@Snowwolf

Cross SSN out. This is a K1 entrant and likely past the window of getting a SSN. (No timeline so info is limited.) I was thinking about a similar question from an IR1/CR1 entrant. 

[carmel34 3,626]

14 hours ago, Snowwolf said:

How can one do a joint return if the other spouse does not have an SSN/ITIN?

Google IRS W-7

[St3phsm07 2]

On 2/3/2021 at 2:05 PM, Mchole said:

Hey everyone - I tried filing my taxes through the free turbotax option as I only have my income from my job to show and no additional deductions etc. With my wife coming to the US in November and getting married before Dec 2020, I was rushing to file as I needed to submit my 1040 with our AOS application. I didn't do much research as I now see that it would have been better to file married jointly. I filed married separately but since my wife has no SSN/ITIN number, what should I do now? Turbotax allowed me to print out my 1040 and said in the instructions to mail it it in because I can't provide a SSN for my wife. Since we are filing separately, do I need to also file for a ITIN or do I just write NRA for the SSN? I am still getting a decent tax refund so I don't care if I would have gotten more if I filed jointly, I just want to make sure that everything is being done correctly and I won't have problems with the IRS. Do I just mail my 1040 to the IRS as it is printed out from the turbotax site or do I need to add anything else to it?

 

Also, with us being from NJ, there was a question about whether we have insurance or not. I had insurance during 2020 under my parents and my wife obviously didn't. I am not sure if I answered that correctly (she got enrolled in January under my employer). There is something about an insurance mandate and a penalty if you don't have insurance but does she or I qualify for an exception? She was here for less than 60 days in 2020 and I was under a family insurance. There is a form (Schedule NJ-HCC) to complete for that as well attached to the 1040 where I need to fill in exemptions and dates on it which looks confusing. 

What supporting documents did you send with the w-7 form?? 
I read that Us residency has to been shown when submitting the form for dependents. Is the passport enough even if the entry date has expired? 

[Wuozopo 4,293]

18 hours ago, St3phsm07 said:

What supporting documents did you send with the w-7 form?? 
I read that Us residency has to been shown when submitting the form for dependents. Is the passport enough even if the entry date has expired? 

I believe you are correct for children (dependents). They must show entry into the US or other documents showing US residency unless from Mexico or Canada. Your spouse is not a “dependent” in IRS terminology. 
 

 

From the instructions Page 3 

3. The documentation you provide must be current (that is, not expired).

[St3phsm07 2]

If spouse with itin isn’t considered a dependent than why is it required for them to get one? 
I don’t know what other document he can use to show us residency.. is the marriage license and passport ok to use? 

[Ayrton 965]

9 hours ago, St3phsm07 said:

If spouse with itin isn’t considered a dependent than why is it required for them to get one? 
I don’t know what other document he can use to show us residency.. is the marriage license and passport ok to use? 

Spouses are never considered dependents. That's by definition from IRS. A ITIN/SSN is required in order for the USC to file jointly with the foreign spouse. If the spouse doesn't have one, their options are to request an ITIN when filing taxes or file separately. 

 

When you ask about showing us residency, are you talking about your spouse or their kids?

[Wuozopo 4,293]

9 hours ago, St3phsm07 said:

If spouse with itin isn’t considered a dependent than why is it required for them to get one? 
I don’t know what other document he can use to show us residency.. is the marriage license and passport ok to use? 

The spouse gets an ITIN, with only their passport as documentation,  so they can be on your return as a joint filer. The spouse does not need to show US residency. It is okay if the spouse is living abroad. When you read instructions about “dependents”, the IRS is talking about the kids. You will not be able to list the kids (step-children) on your tax return until they have entered the US and can show residency here. 

Kids = dependents, no ITIN until resident

Wife= joint filer with you, ITIN allowed even if living in Peru. Passport is only document needed.

[St3phsm07 2]

7 minutes ago, Wuozopo said:

The spouse gets an ITIN, with only their passport as documentation,  so they can be on your return as a joint filer. The spouse does not need to show US residency. It is okay if the spouse is living abroad. When you read instructions about “dependents”, the IRS is talking about the kids. You will not be able to list the kids (step-children) on your tax return until they have entered the US and can show residency here. 

Kids = dependents, no ITIN until resident

Wife= joint filer with you, ITIN allowed even if living in Peru. Passport is only document needed.

Thanks you!