K1 AOS with no SSN

[cherrypeanut 8]

Hi everyone, I entered the US in May 2020 on a K1 visa and I am currently undergoing AOS. I was not able to obtain a SSN due to office closures back then and I still do not have a EAD/AP combo card. Would this mean that I don't need to file taxes in the US and my husband would file as "married filing separately"?

 

Thanks!

[Dashinka 24,508]

I believe you can still file taxes together, but you cannot eFile without an SSN or ITIN.  I would check with a tax advisor.

 

Good Luck!

[Wuozopo 4,293]

You don’t have to file since you have no income. But you may File a joint return if you get an ITIN. Try doing taxes both ways. Your Canadian income in 2020 would have to be reported but can be excluded from taxation with Form 2555. Most of the time a joint return gives you the best deal. 
 

to get your ITIN find an IRS office (Taxpayer Assistance Center) that can certify your passport as an identity document. Take the completed tax return printed out on paper, your ITIN application filled out, and your passport. They will send everything to Austin Texas which is where ITINs are issued. Austin office will assign an ITIN then process the return. 
 

 

17 minutes ago, cherrypeanut said:

Hi everyone, I entered the US in May 2020 on a K1 visa and I am currently undergoing AOS. I was not able to obtain a SSN due to office closures back then and I still do not have a EAD/AP combo card. Would this mean that I don't need to file taxes in the US and my husband would file as "married filing separately"?

 

Thanks!

 

Edited February 22, 2021 by Wuozopo

[SteveInBostonI130 3,458]

Filing married filing jointly with the W7 application (ITIN request) would result in the difference between owing taxes and getting a refund, or getting a significantly higher refund.  For example, my 2019 tax refund increased by more that $6500 due to filing as mfj.

[Crazy Cat 41,886]

Filing taxes the first year can be complex depending on income earned before entering the US, tax treaties, etc. .  Filing jointly is not guaranteed to be beneficial for all cases.  As @Wuozopo stated, it is beneficial to calculate both ways before filing.   

[doggieandsam 765]

I would argue that you should still file jointly. If not for any other benefit than having that as a supporting evidence come your AOS interview time.

In my case, I arrived on a K1 in Sep 2017, got married and filed for AOS Oct 2017. No income in the US for 2017, also did not have EAD or AP yet at that time, but still filed taxes together with my husband for that tax year.

 

Finally, if you have any assets at or above ~10k abroad, look into FBAR. 

Edited February 22, 2021 by doggieandsam

[Crazy Cat 41,886]

Filing a joint return would require world-wide income for both spouses be reported for 2020.

[Wuozopo 4,293]

16 minutes ago, doggieandsam said:

 

I would argue that you should still file jointly. If not for any other benefit than having that as a supporting evidence come your AOS interview time.

 

I don’t think that matters. Either way one files Married Separate or jointly should be on which way offers you less taxes, not to impress an interviewer.
 

A separate tax return still claims to be married and lists the spouses name. The advantage usually is the lower rate charged joint filers and getting the extra $12,400 standard deduction for the non-working spouse which effectively lowers the taxable income of the working spouse by $24,800 instead of just $12,400. Any foreign income is reported but the tax it would incur will be removed with the Foreign Income Exclusion. On first look, it seems illogical that reporting foreign income on a joint return could possibly result in lower taxes, but should definitely be tried by starting from scratch with each way. 

[Crazy Cat 41,886]

4 minutes ago, Wuozopo said:

I don’t think that matters. Either way one files Married Separate or jointly should be on which way offers you less taxes, not to impress an interviewer.

Agree.  Either filing status will show both spouses.....by name and/or tax identifier....and same address.   My opinion is that they should calculate both ways, and take the lower tax liability.

Edited February 22, 2021 by Lucky Cat