Joint Tax Return - Green Card Pending

[Rachel F 25]

I’m trying to figure this out but can’t seem to find straight forward information. I came to the US from Canada in June on a B2 visa. I think I meet the substantial presence test because I was in the states in 2020 for more than the required number of days. 
 

My husband and I ended up getting married in August and applied for AOS. Our case hasn’t really moved (still not even biometrics) so our lawyer has said we need to file taxes and get me an ITIN. I also filed my taxes in Canada since I was working there until March. We want to file jointly in the US. We will be getting my passport certified at the IRS when we go for an appointment. 
 

Is there anything other than the W7 form we need to include on the tax return? Am I able to be treated as a resident alien? Do I need to include that letter stating I want to be treated as a resident alien or is the substantial presence test enough?

[randy32 165]

Just the W7 and its supporting document(s) needed.

IRS does not really care about you immigrant status.

You just have to meet the requirements to apply for an ITIN.

 

My spouse is outside the country and we filed and got her an ITIN last year.

Took a long time to get her original documents back so certifying your passport is a smart move.

[Wuozopo 4,293]

13 hours ago, Rachel F said:

Is there anything other than the W7 form we need to include on the tax return? Am I able to be treated as a resident alien? Do I need to include that letter stating I want to be treated as a resident alien or is the substantial presence test enough?

You qualify as a resident alien, so no statement choosing to be treated as one. You will have to report your Canadian income earned Jan to March, but can use Form 2555 to exclude it. Have your joint return and W7 prepared and the IRS office will submit it to the IRS center in Austin after they certify your ID document (passport). 

[Rachel F 25]

I think we are going to file for a tax extension in the hopes that I get my SSN by then. That way we can get the benefit of the economic impact payments (was told this by an accountant). This should give us until October to file - so I would hope by then I have either the EAD or a green card... 

[Wuozopo 4,293]

49 minutes ago, Rachel F said:

I think we are going to file for a tax extension in the hopes that I get my SSN by then. That way we can get the benefit of the economic impact payments (was told this by an accountant). This should give us until October to file - so I would hope by then I have either the EAD or a green card... 

Yes, that’s the way for you to get payment. He would still get his either way. 

[Jess&Rob 9]

On 4/11/2021 at 11:46 PM, Rachel F said:

I’m trying to figure this out but can’t seem to find straight forward information. I came to the US from Canada in June on a B2 visa. I think I meet the substantial presence test because I was in the states in 2020 for more than the required number of days. 
 

My husband and I ended up getting married in August and applied for AOS. Our case hasn’t really moved (still not even biometrics) so our lawyer has said we need to file taxes and get me an ITIN. I also filed my taxes in Canada since I was working there until March. We want to file jointly in the US. We will be getting my passport certified at the IRS when we go for an appointment. 
 

Is there anything other than the W7 form we need to include on the tax return? Am I able to be treated as a resident alien? Do I need to include that letter stating I want to be treated as a resident alien or is the substantial presence test enough?

I am wondering the same! I am from Canada also. Living with my US husband in Florida. We are going to make an appt with an accountant to take care of everything  but from my understanding they will send in the W7 form with the tax return and the IRS will process the return once the ITIN is issued?  (I am still waiting for biometrics.  Been waiting 8 months)