ITIN and Joint Tax Return

[AlexFB1907 2]

I would like to file a joint tax return with my spouse, who has been going through the adjustment process to obtain a green card. She has arrived in USA as a K1 fiancee, but she could not get any SSN as SS offices were closed due to Covid. Since we are already married, her K1 visa has expired and she cannot get a SSN. I checked the IRS web site and found out that ITIN (individual Tax Identification Number) can be used in place of SSN in the joint return.  However, I cannot request a ITIN before we file the joint tax return. I found it very strange. It looks like we need to submit our federal tax return with Form W7 Form (Application for Tax Identification Number) and attach her foreign passport. Can someone confirm that my understanding is correct? I appreciate your help. 

 

PS. Her passport is her only identification document here is USA as we cannot get her a driver's licence without SSN. Has anyone send the original passport to get ITAN and received it back? Note that we cannot get a certified copy of her passport. 

[aaron2020 11,651]

Hi,

 

You have two choices;

 

1.  File a joint 2020 tax return by mail, request an ITIN, and send in her passport.  It could take 6 months to get her passport back.  

 

2.  File your 2020 tax return as married filing separately where your taxes will be higher.  Once she gets a SSN, amend your return to file jointly to lower your taxes and get some of it back.  

Both options sucks.  You're gonna have to choose your poison.  

 

[Ayrton 965]

7 minutes ago, AlexFB1907 said:

I would like to file a joint tax return with my spouse, who has been going through the adjustment process to obtain a green card. She has arrived in USA as a K1 fiancee, but she could not get any SSN as SS offices were closed due to Covid. Since we are already married, her K1 visa has expired and she cannot get a SSN. I checked the IRS web site and found out that ITIN (individual Tax Identification Number) can be used in place of SSN in the joint return.  However, I cannot request a ITIN before we file the joint tax return. I found it very strange. It looks like we need to submit our federal tax return with Form W7 Form (Application for Tax Identification Number) and attach her foreign passport. Can someone confirm that my understanding is correct? I appreciate your help. 

 

PS. Her passport is her only identification document here is USA as we cannot get her a driver's licence without SSN. Has anyone send the original passport to get ITAN and received it back? Note that we cannot get a certified copy of her passport. 

That's correct. Your spouse files for the ITIN at the same time the 1040 is filed. If you don't want to send the passport, find an IRS office and do it in person.

 

[DaveAndAnastasia 2,093]

1 hour ago, AlexFB1907 said:

I would like to file a joint tax return with my spouse, who has been going through the adjustment process to obtain a green card. She has arrived in USA as a K1 fiancee, but she could not get any SSN as SS offices were closed due to Covid. Since we are already married, her K1 visa has expired and she cannot get a SSN.

A few asides here -

 

Although it may very well be too late, just for reference, getting married does not prevent someone from being able to get an SSN during the 90-day stay granted by a K-1. Social Security Administration employee mistakenly claim this a lot (which is why it's recommended to get an SSN before marriage if possible, particularly if a name change is involved), but it's not actually true. A K-1 recipient is allowed to apply for an SSN until there are less than two weeks remaining in the 90-day stay granted by the K-1 whether he or she is married or not (though you have to apply in the same name that's on your visa).

 

Getting married does not cause a K-1 to expire; entering the US does that.

 

And getting married does not cancel the 90-day stay allowed by the K-1. If you haven't filed for AOS by the end of the 90 days, you're technically required to leave, married or not. If you have applied for AOS, you have an authorized stay until your application is adjucated.

 

 

 

[Wuozopo 4,293]

3 hours ago, AlexFB1907 said:

PS. Her passport is her only identification document here is USA as we cannot get her a driver's licence without SSN. Has anyone send the original passport to get ITAN and received it back? Note that we cannot get a certified copy of her passport. 

If you can get to a Taxpayer Assistance Center, they can certify a copy of your wife’s passport and accept her W-7 and your completed tax return. It still has to process in Austin, TX, but she doesn’t have to send her actual passport to Austin. She must be present at the TAC to get her passport copied and certified.

LOCATIONS: https://www.irs.gov/help/tac-locations-where-in-person-document-verification-is-provided

[AlexFB1907 2]

On 2/8/2021 at 8:09 PM, Wuozopo said:

If you can get to a Taxpayer Assistance Center, they can certify a copy of your wife’s passport and accept her W-7 and your completed tax return. It still has to process in Austin, TX, but she doesn’t have to send her actual passport to Austin. She must be present at the TAC to get her passport copied and certified.

LOCATIONS: https://www.irs.gov/help/tac-locations-where-in-person-document-verification-is-provided

Thank you for your answer. I called the TAC today. They told me that there is no appointment available in anywhere within 200 miles of my address. They asked me to find a certifying acceptance agent to verify my wife's passport for W-7. I searched IRS website and there is no list of certifying acceptance agents. There is only a list of acceptance agents.  

[Wuozopo 4,293]

5 minutes ago, AlexFB1907 said:

Thank you for your answer. I called the TAC today. They told me that there is no appointment available in anywhere within 200 miles of my address. They asked me to find a certifying acceptance agent to verify my wife's passport for W-7. I searched IRS website and there is no list of certifying acceptance agents. There is only a list of acceptance agents.  

https://www.irs.gov/individuals/international-taxpayers/acceptance-agents-texas
 

List of acceptance agents in Texas. If they have an asterisk * then they do not certify. Look at the ones with no *. Call and confirm. Ask cost.