Filing for Extension (spouse SSN not available yet) - estimating owed taxes (merged)

[chiks24 11]

Happy Friday VJ folks!

 

What a frustrating and slow process this has been. We filed AoS in September 2020, sent RFE in March 2021, and nothing since except receiving a courtesy letter two weeks ago for not having submitted the I-693 with the AoS packet. I live in Texas so our tax deadline was extended till mid-June due to the winter storm. Here are a couple questions:

 

• Do I need to file an extension as Married Filing Separately, and once my wife has an SSN, amend tax return as Married Filing Jointly? 
• What if we are still waiting for her to be issued an SSN by October - does it mean she will not be listed in tax return for 2020 and also miss out on the stimulus checks as well?

[Mike E 11,739]

8 minutes ago, chiks24 said:

What a frustrating and slow process this has been. We filed AoS in September 2020, sent RFE in March 2021, and nothing since except receiving a courtesy letter two weeks ago for not having submitted the I-693 with the AoS packet.

Did you file I-765 to get an EAD? With an EAD she can get an SSN.

8 minutes ago, chiks24 said:

 

• Do I need to file an extension as Married Filing Separately, and once my wife has an SSN, amend tax return as Married Filing Jointly?

You can file as married filing separately and later file an amended tax return as married filing jointly. 

 

8 minutes ago, chiks24 said:

 

• What if we are still waiting for her to be issued an SSN by October - does it mean she will not be listed in tax return for 2020 and also miss out on the stimulus checks as well?

She will get her stimulus when she has an SSN and you file an amended return as married jointly.

 

 

[chiks24 11]

25 minutes ago, Mike E said:

Did you file I-765 to get an EAD? With an EAD she can get an SSN.

 

Yes, we filed I-765 with the AoS packet. 

 

26 minutes ago, Mike E said:

She will get her stimulus when she has an SSN and you file an amended return as married jointly.

 

Isn't the deadline for amended return in October? If her SSN does not come by October, it means I would have to still file as Married Filing Separately (and hence she gets no stimulus). Am I understanding this correctly?

[Mike E 11,739]

19 minutes ago, chiks24 said:

 

Yes, we filed I-765 with the AoS packet. 

 

cool. Then when she gets her EAD you can get her an SSN.  
 

 

19 minutes ago, chiks24 said:

Isn't the deadline for amended return in October? If her SSN does not come by October, it means I would have to still file as Married Filing Separately (and hence she gets no stimulus). Am I understanding this correctly?

You have generally have three years from the tax filing date to file an amended tax return when it is the IRS that owes you money. 

 

https://www.irs.gov/taxtopics/tc308

 

Edited June 4, 2021 by Mike E

[Crazy Cat 41,845]

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Edited June 4, 2021 by Lucky Cat

[JeanneAdil 6,498]

read the following IRS about filing with a resident alien with no SS # yet (you apply for ITIN while waiting for the SS card)

read under claiming exemptions and the caution part 

 

 

https://www.irs.gov/individuals/international-taxpayers/taxation-of-resident-aliens

[pm5k 129]

On 6/4/2021 at 1:26 PM, chiks24 said:

 

Yes, we filed I-765 with the AoS packet. 

 

Isn't the deadline for amended return in October? If her SSN does not come by October, it means I would have to still file as Married Filing Separately (and hence she gets no stimulus). Am I understanding this correctly?

Even if this happens, you can amend for previous tax years (up to three years, I believe)

[chiks24 11]

We are going through AoS. Spouse was here all of 2020. Currently in Texas so we have until today.

 

In my attachment, line 4 states "estimate of total tax liability for 2020" and line 5 states "Total 2020 payments" - do I figure these out by going through the whole tax return process on a software like TurboTax (because I have no idea how else I could come to these estimations)? I tried with TurboTax yesterday but it kept giving me the "single" status. I tried it on H&R Block and TaxAct and they showed Married Filing Separately and that I owe around $900-$1000 to the IRS. Free versions also did not let me put input the info about stocks.

 

• Do I pay the $900-$1000 with my tax extension? Or is there a way to estimate the "true" amount (which would be from Married Filing Jointly status)? It's a bit confusing.

 

• Also, on the tax extension form, do I put just my name or my spouse's name too (since we want to MFJ)?

 

[SteveInBostonI130 3,434]

Hi,

 

This is mainly an immigration forum and this subsection is for general questions like "Do I file MFJ or MFS"?  For specific tax form instructions, it is better to go to a forum or message board dedicated to taxes.  Google "income tax forum" or "income tax discussion", etc.

 

Edited June 15, 2021 by SteveInBostonI130
TYPO

[chiks24 11]

Currently in Texas so we have until today to file tax/tax extension. Looking for some input from the AoS community. 

 

In my attachment, line 4 states "estimate of total tax liability for 2020" and line 5 states "Total 2020 payments" - do I figure these out by going through the whole tax return process on a software like TurboTax (because I have no idea how else I could come to these estimations)? I tried with TurboTax yesterday but it kept giving me the "single" status. I tried it on H&R Block and TaxAct and they showed Married Filing Separately and that I owe around $900-$1000 to the IRS. Free versions also did not let me put input the info about stocks.

 

• Do I pay the $900-$1000 with my tax extension? Or is there a way to estimate the "true" amount (which would be from Married Filing Jointly status)? It's a bit confusing.
• Also, on the tax extension form, do I put just my name or my spouse's name too (since we want to MFJ)?

[SteveInBostonI130 3,434]

Hello,

 

Please refrain from posting the same question multiple times.  If you feel you posted in the wrong forum, click the "report post" icon on your message and ask the moderator to move your post to a different section.

[chiks24 11]

1 minute ago, SteveInBostonI130 said:

Hello,

 

Please refrain from posting the same question multiple times.  If you feel you posted in the wrong forum, click the "report post" icon on your message and ask the moderator to move your post to a different section.

I was trying to delete it from the other forum but could not. Thank you for the tip.

[Ontarkie 14,221]

~~Three threads merged. DO not start more than one thread for the same or related topic and do not post in other forums. The Taxes and Finance forum is where this belongs, posting in multiple places will not change the answers.~~