Can't file taxes

[Nibake 4]

I married last September. We promptly filed for AOS and have been waiting for SS ever since with nothing more than the initial action of receiving the forms.

 

I imagined that the SS might not arrive in time for taxes, so I planned on filing an extension. It is impossible for me to correctly file taxes without spouse's SS. The IRS rejected my extension for lack of spouse's SS. Thanks IRS. 

 

Has anyone faced this situation and found a way to deal with it? An ITIN is not possible before file date as I'm leaving for work in a few hours and won't be back until after the 17th.

[aaron2020 11,651]

An ITIN is required if you want to file married filing jointly.  

You can file married filing separately and then amend your tax return when your wife gets a SSN.  

[Chancy 6,243]

27 minutes ago, Nibake said:

Has anyone faced this situation and found a way to deal with it?

 

File as MFS for 2020.  List your spouse SSN as "NRA".  Doing so, you will not be able to e-file.  So file your taxes at the closest IRS office or by mail.  Then amend your 2020 taxes once your wife gets her SSN.

 

[Skyman 327]

As noted above or file for the extension.

[payxibka 10,047]

51 minutes ago, Nibake said:

I married last September. We promptly filed for AOS and have been waiting for SS ever since with nothing more than the initial action of receiving the forms.

 

I imagined that the SS might not arrive in time for taxes, so I planned on filing an extension. It is impossible for me to correctly file taxes without spouse's SS. The IRS rejected my extension for lack of spouse's SS. Thanks IRS. 

 

Has anyone faced this situation and found a way to deal with it? An ITIN is not possible before file date as I'm leaving for work in a few hours and won't be back until after the 17th.

What form did you use to try to get an extension?  The first extension period is AUTOMATIC using form 4868

[Nibake 4]

47 minutes ago, aaron2020 said:

An ITIN is required if you want to file married filing jointly.  

You can file married filing separately and then amend your tax return when your wife gets a SSN.  

 

For some reason I was thinking I would have to file HOH, which would be a problem when amending. It hadn't crossed my mind that I could file married filing separately and then amend to joint.

37 minutes ago, Skyman said:

As noted above or file for the extension.

 

The extension was reject by the IRS.

[Nibake 4]

23 minutes ago, payxibka said:

What form did you use to try to get an extension?  The first extension period is AUTOMATIC using form 4868

 

4868. I'm needing October 15th since SSN hasn't arrived after 7.5 months.

45 minutes ago, Chancy said:

 

File as MFS for 2020.  List your spouse SSN as "NRA".  Doing so, you will not be able to e-file.  So file your taxes at the closest IRS office or by mail.  Then amend your 2020 taxes once your wife gets her SSN.

 

 

 

That won't work either because I can't file by mail now before the 17th.

[payxibka 10,047]

Just now, Nibake said:

 

4868. I'm needing October 15th since SSN hasn't arrived after 7.5 months.

4868 gives you automatic to October with no reason needed or required.   File the extension form using only your SSN 

[Nibake 4]

10 minutes ago, payxibka said:

4868 gives you automatic to October with no reason needed or required.   File the extension form using only your SSN 

 

I'm planning on trying this. I think it's the only option I have left at this point.

[Mike E 11,741]

7 hours ago, Nibake said:

We promptly filed for AOS and have been waiting for SS ever since with nothing more than the initial action of receiving the forms.

Filing I-485 won’t produce an SS card until the I-485 is approved.  
 

Have you filed I-765?

[Skyman 327]

6 hours ago, Nibake said:

 

I'm planning on trying this. I think it's the only option I have left at this point.

Easiest way might be to send them a small check via your bank's web bill pay. In the memo put your SSAN and 2020 FM 4868. Supposedly if they receive some payment they don't need the actual form and the check being cashed will be your proof. Just remember to include the check with your payments when you file later.

[Nibake 4]

4 hours ago, Mike E said:

Filing I-485 won’t produce an SS card until the I-485 is approved.  
 

Have you filed I-765?

 

Yes, we filed the I-765.

[Nibake 4]

Well, I did everything we could do and the IRS is screwing us over in the worse way possible. 

 

Resuming: The SSN never came by May 15, so we filed for an extension. About a week and a half prior to Oct 15, we hand delivered taxes and ITIN application to IRS per the requirements. A few days later, SSN arrived in the mail. Fast forward about 9 more months, IRS rejects 1040 with the following excuse: "your spouse didn't have an assigned taxpayer ID number by the due date of the tax return"

 

ORLY? I wonder why that is?!?!?! I followed every procedure they laid out to the letter and now they are ripping me off to the tune of thousands of dollars. For reference, the USCIS received all of our apps by November 2, 2020, so the ball was well within their court.

 

Has anyone else dealt with this problem? If the IRS is delaying months or years to send out SSN's, we probably aren't the only ones who should have been able to file married filing jointly only to have run into this problem.

 

[Chancy 6,243]

*** Moved from AOS from Work/Student/Tourist Visas forum to Tax & Finances During US Immigration -- topic is about filing taxes ***

 

[Nibake 4]

Wow. It's crazy that no one else has dealt with this since statistically it should happen to about 20% of AOS filers.