B2 to adjustment of status and ITIN number

[Co6aka 18]

Of possible interest...  Refer to the "Social Security Numbers for Noncitizens" bulletin from the SSA website; second page, top right, under "What if I need a number for other reasons?"

http://ssa.gov/pubs/10096.html

[Snails 3]

On 2/10/2021 at 6:44 AM, Paul Hanaki said:

You file an extension for your taxes until you get your SSN. You can extend your taxes until mid October if you file an extension with the IRS. This gives your SSN time to arrive and you can get your stimulus money or child tax credit.

Thanks, this sounds like the best way to go. Hopefully those extra 6 months will be enough time to get the SSN.

[Skyman 321]

1 hour ago, Snails said:

Thanks, this sounds like the best way to go. Hopefully those extra 6 months will be enough time to get the SSN.

Just to be clear, the extension is not an extension to pay.  If you might owe something you need to include a check with the extension by April 15th.  The nice thing about that is you'll be sure they received it if the check gets cashed.  I would make the amount in the worst case scenario, what your tax liability would be if the awaited SS numbers don't come.  Then when you do file, you'll get more back.  Failure to pay enough by April 15th could result in penalties and interest and who wants that?

[seekingthetruth 1,246]

On 2/25/2021 at 10:38 AM, Paul Hanaki said:

You must specifically file for an extension regardless if you owe money or not. Filing an extension moves the filing deadline. If you don't file an extension then your filing deadline is April 15th. 

Yes, and some states ding you even harder if you don't file on time.  Years ago California owed me a refund.  They took out a late filing fee that was a % of the tax owed, and didn't not consider that I had overpaid through withholding.

[seekingthetruth 1,246]

On 2/24/2021 at 8:48 AM, E_pluribus_unum said:

1) File Married but filing separately (must be done on paper because online Tax forms will not allow you to proceed without an SSN or ITIN) 

For most typical couples, filing jointly will save quite a bit of money.  So Married Filing Separately should usually be avoided.

[PD & AS 0]

On 2/23/2021 at 4:48 PM, E_pluribus_unum said:

FYI, you do not have to file an extension if you are going to receive a refund. The extension would be if you owe money. 

 

I am in the same boat and did some research previously. I have found a few options:

1) File Married but filing separately (must be done on paper because online Tax forms will not allow you to proceed without an SSN or ITIN) 

 

2) File Married Jointly on Paper and mail it in along with form W7 (application for ITIN) and required documents. This way will require you to submit original documents to the IRS such as your spouse's passport which may be needed for your immigration interview. Also, per Google, it seems that the IRS is taking a long time to process these so you could be waiting a long time to get the originals back. 

 

3) File Married Jointly on Paper and fill out the W7 and present your original documents to an acceptance agent https://www.irs.gov/individuals/international-taxpayers/acceptance-agent-program. This way allows you to present the original documents without having them mailed to the IRS; however, the return would still need to be filed on paper and most of these acceptance agents require that you also file the return with them which can cost quite a bit. This way will also require 

 

4) File Married Jointly on Paper and fill out the W7 and present your original documents to the IRS Taxpayer Assistance Center (TAC) https://www.irs.gov/help/tac-locations-where-in-person-document-verification-is-provided. Again, this way allows you to present the original documents without having them mailed to the IRS. You have to make an appointment prior to going. 

 

NOTE: The ITIN may affect certain tax credits you are eligible for. The ITIN will also affect the stimulus rebate in that the spouse with the ITIN may not be eligible. 

 

Also, you can always amend the return after your spouse has received their SSN. This will allow you to receive the additional stimulus rebate and any tax credits that may  be owed to you and your spouse. 

 

I decided to just hold off on filing unless USCIS asks me to bring 2020 tax return with me to the interview in which case I will just do one of the above. 

I am in this EXACT situation, except now I do need to submit my 2021 tax return with the I-864.  I think I will choose to do the amended return, seems like it might be a bit longer later on, but quickest now and potentially cleanest... Let's see.