Filing taxes without SSN or ITIN?

[Jenerii 1]

My wife moved to USA in February 2020. Her I-94 had some information wrong (which we resolved within a few months) - however, her SSN application got denied due to the I-94 mishap. By then, it was too late to get her SSN with the pandemic going on. 

 

We decided to apply for her SSN using the I-735 form. We mailed her AOS last October and we are still waiting especially with the RFE we received and fixed last January/February.

 

So it's tax season now. I filed my federal taxes saying I'm married but that we're filing separately - because I noticed that by filing jointly, she would have to provide her SSN. So I figured with her being unemployed and that she hasn't worked a single day in America and that she doesn't have a SSN, she didn't have to file taxes. 

 

I'm not sure if it's relevant, but I am unable to file my state tax because they needed her SSN for that.

 

So the main problem is that she doesn't have a SSN and getting an ITIN is not possible. According to the IRS website: "If you have an application for an SSN pending, don’t file Form W-7."

 

So my questions are:

 

1) Does my wife have to file taxes? 

2) If yes, how is she able to file taxes if she doesn't have either a SSN or an ITIN?

3) Anything else we need to know?

 

Thanks in advance!

 

[Jenerii 1]

I mistyped. I meant to write I-765, not I-735. Not sure how to edit this post..

[Nitas_man 3,100]

When she gets her SS number file a 1040X MFJ and amend your 2020 return to MFJ

If she had no 2020 income all this changes is the exemption and tax bracket

 

You usually get a nice refund as a bonus

 

[Jenerii 1]

6 hours ago, Nitas_man said:

When she gets her SS number file a 1040X MFJ and amend your 2020 return to MFJ

If she had no 2020 income all this changes is the exemption and tax bracket

 

You usually get a nice refund as a bonus

 

Thank you! So we won't get in trouble for anything when the tax deadline comes up? And how long can I wait until I'm able to amend my 2020 return? I'm not sure how long it will take for her to get her SSN...especially with the RFE earlier this year..