AOS and Taxes Question (merged)

[Joe30 17]

54 minutes ago, JeanneAdil said:

If you are doing AOS,  because it was a K1 and marriage here,  u should have applied for SS # within the 1st 90 days with the I 94 as now the spouse is eligible for SS # and no longer a nonresident alien spouse for a ITIN

 

ITIN are for non resident alien spouse or those foreign workers who need to pay into SS while they are in the US working

 

https://www.irs.gov/individuals/international-taxpayers/nonresident-spouse

AOS was done, B2 visa and applied for AoS prior to being "out of status". Applied for EAD as as well so SSN should follow. 
 

and when you say "applied for ssn#" you mean EAD right? 

22 minutes ago, Merica-n said:

Generally, social security numbers are issued to all US Citizens, or non-citizens that are authorized to work in the United States (including Legal Permanent Residents).  Source:  https://www.ssa.gov/pubs/EN-05-10096.pdf

 

Anyone that you've brought over through a family visa will presumably receive work authorization and thus be eligible for a social security card and not eligible for an ITIN.  Generally those people can apply for a social security card when adjusting status to a legal permanent resident or applying for work authorization.

 

In my experience, there are three main categories of people who get ITINs:

1.  People who are here, and are not authorized to work, but work anyways, and are still required to file a tax return by law.
2.  People who live and reside in foreign countries, but have assets or income here, and are required to file a tax return.

3.  People who are the parents, children or other close relatives of US taxpayers and are being supported by them and need the ITIN so the US taxpayer can receive a tax benefit.

 

Note:  For certain tax benefits, it's important to have your taxpayer identification number (SSN or ITIN) issued before the due date for the return including extensions, so you should generally apply quickly for social security numbers or ITINs to make sure you preserve any tax benefits, and consider whether filing an extension will grant you a benefit if you are still waiting for the number at the normal tax deadline.

What should be done if SSN is not issued yet, EAD pending and not eligible for ITIN? 

[Merica-n 65]

44 minutes ago, Joe30 said:

and when you say "applied for ssn#" you mean EAD right? 

What should be done if SSN is not issued yet, EAD pending and not eligible for ITIN? 

So if you completed the relevant sections on the form I-485 adjust status or form I-785 employment authorization, then they will issue a social security card if it's approved.

 

There isn't a lot of specific information in this thread about your situation, so my replies are very general.  Others have implied a marriage visa?  Are you applying form B2 to Legal Permanent Resident through a spousal marriage, and if so, when was the marriage date?  And also if so are there any non-us citizen children or dependents as well?

 

Also, what caused you to think you would need an ITIN?

[Merica-n 65]

3 hours ago, Joe30 said:

Also, if spouse has earned no income, how can filing be done separately?

Sorry, I just read this.  Seems like we have two different threads going.

 

Married filing separately is an elective filing status that in most situations is not favorable to the taxpayer.  It is generally better to file married filing jointly depending on the situation, but you have the choice or option to file separately and only put your tax information on a return.  Many people who have separated but are not yet divorced elect this filing status.  If you were are married on 12/31/2021, then you have to choose a married filing status.  If you have already applied for EAD and adjust status, then you should be able to get these before the filing deadline plus any extensions.  If you don't receive her SSN by 4/15/2022, then you should pay what you think you owe and file for an extension that will be granted automatically to extend the deadline to 10/15/2022 and you can file your return when she gets the ssn before that date.

 

Just know that you have to consider how to declare any income that she received during the year, and make sure you report any sizable foreign assets or bank accounts that you may have.  If you use turbo tax answer those foreign income, asset or bank accounts questions very carefully as they are easy to skip as they are not very common and not emphasized in the software.

 

MFJ should benefit you, in most situations where someone arrives on a B2 visa, they have minimal income, and you are required to have decent income, so you should generally benefit from the better brackets and higher deductions, and have lower taxes as a result.

 

 

[Joe30 17]

7 hours ago, Merica-n said:

So if you completed the relevant sections on the form I-485 adjust status or form I-785 employment authorization, then they will issue a social security card if it's approved.

 

There isn't a lot of specific information in this thread about your situation, so my replies are very general.  Others have implied a marriage visa?  Are you applying form B2 to Legal Permanent Resident through a spousal marriage, and if so, when was the marriage date?  And also if so are there any non-us citizen children or dependents as well?

 

Also, what caused you to think you would need an ITIN?

Married in the US  (early 2021) with a B2 visa, applied for AoS while present in country and married to a US Citizen. 
 

no children or dependents.

 

the reason why i think or thought i need/needed a ITIN because a SSN is required to file jointly 

[Joe30 17]

7 hours ago, Merica-n said:

Sorry, I just read this.  Seems like we have two different threads going.

 

Married filing separately is an elective filing status that in most situations is not favorable to the taxpayer.  It is generally better to file married filing jointly depending on the situation, but you have the choice or option to file separately and only put your tax information on a return.  Many people who have separated but are not yet divorced elect this filing status.  If you were are married on 12/31/2021, then you have to choose a married filing status.  If you have already applied for EAD and adjust status, then you should be able to get these before the filing deadline plus any extensions.  If you don't receive her SSN by 4/15/2022, then you should pay what you think you owe and file for an extension that will be granted automatically to extend the deadline to 10/15/2022 and you can file your return when she gets the ssn before that date.

 

Just know that you have to consider how to declare any income that she received during the year, and make sure you report any sizable foreign assets or bank accounts that you may have.  If you use turbo tax answer those foreign income, asset or bank accounts questions very carefully as they are easy to skip as they are not very common and not emphasized in the software.

 

MFJ should benefit you, in most situations where someone arrives on a B2 visa, they have minimal income, and you are required to have decent income, so you should generally benefit from the better brackets and higher deductions, and have lower taxes as a result.

 

 

Only the US Citizen that will file taxes will be working. B2 has earned no income at all, not working. 
 

i am thinking, what are the odds if getting SSN by april? Filed for AoS and EAD back in June 2021

[Merica-n 65]

2 hours ago, Joe30 said:

Only the US Citizen that will file taxes will be working. B2 has earned no income at all, not working. 
 

i am thinking, what are the odds if getting SSN by april? Filed for AoS and EAD back in June 2021

I'm not aware of the timelines.  I read through the 1040 instructions and the filing status publication and couldn't find any specific guidance.  I would file an extension if I hadn't received it and if you are in the first week of October and still haven't received it, you really have two options:

 

File Married Filing Separately and amend the return later when you receive the ssn to MFJ.

 

File Married Filing Jointly with a mailed in paper filed return.  Hand write applied for ssn in the social security number space.  Attach a separate document that says, "InsertFullNameHere applied for a social security number on 6/2021, but has not received it yet and is delayed.  Since she has applied for and is eligible for a social security number, we believe she is not eligible for an ITIN at this time.  We have tried to wait for it to arrive, but due to the filing deadline we are required to file and have indicated that it has been applied for."  Make sure you make any elections for nra spouse etc, if applicable.

[SteveInBostonI130 3,471]

2 hours ago, Joe30 said:

Only the US Citizen that will file taxes will be working. B2 has earned no income at all, not working. 
 

i am thinking, what are the odds if getting SSN by april? Filed for AoS and EAD back in June 2021

 

I would suggest waiting for the SSN.  If it is not assigned and received by the tax deadline, then file as married filing separately. 

 

A lot of people forget that you get several years to amend previous tax returns.  After your spouse gets an SSN, file an amended tax return as MFJ.

[Ontarkie 14,321]

~~Related follow-up question merged to existing tax thread.~~

[Wuozopo 4,293]

20 hours ago, Joe30 said:

Can someone else verify this? 
because Idk when SSN will be issued and The tax deadline may be missed

Can you do a profile and timeline so we can tell where you are in the process? What visa? When did you arrive in the US. All that info helps the helpers know how to answer your questions.

[Ayrton 965]

Your spouse is eligible for an ITIN if at the time it's processed, neither EAD or GC was approved. If your spouse applies for an ITIN and before it's approved, their EAD is approved, she becomes eligible for a SSN and the ITIN application will be denied.

 

Tax deadline is still 4 months away, if EAD is not approved by that, then send the return with the ITIN form or file separately.

[Joe30 17]

11 minutes ago, Ayrton said:

Your spouse is eligible for an ITIN if at the time it's processed, neither EAD or GC was approved. If your spouse applies for an ITIN and before it's approved, their EAD is approved, she becomes eligible for a SSN and the ITIN application will be denied.

 

Tax deadline is still 4 months away, if EAD is not approved by that, then send the return with the ITIN form or file separately.

If ITIN route is chosen, sending it with return is the usual process? How can it be done if TurboTax is used?

[Ayrton 965]

3 minutes ago, Joe30 said:

If ITIN route is chosen, sending it with return is the usual process? How can it be done if TurboTax is used?

Yes. You can't, you have to file the paper form.

[Joe30 17]

18 hours ago, Wuozopo said:

Can you do a profile and timeline so we can tell where you are in the process? What visa? When did you arrive in the US. All that info helps the helpers know how to answer your questions.

B2 visa, present in the US and Aos Sent in June. Married to USC. Waiting for EAD

[Wuozopo 4,293]

1 hour ago, Joe30 said:

B2 visa, present in the US and Aos Sent in June. Married to USC. Waiting for EAD

Joe you have had all kinds of info swirling around. I’ll add my opinion.

1. At this time you are not eligible for a SSN because you have no immigration approval that would allow one. Some day you will have EAD, a green card, and citizenship BUT that doesn’t mean you are eligible at this moment for a SSN. Someday doesn’t count. The IRS says “You’re eligible for an SSN if you’re a U.S. citizen or if you’ve been admitted by the United States for permanent residence or U.S. employment.” Until one of those happens you are not eligible for a SSN and can get an ITIN. Those have not happened for you.
2. I would complete a joint tax return as soon as your spouse has all the documents needed. That would maybe be February since documents are supposed to be issued by Jan 31.
3. Then you have two choices. a) Sit on it waiting a bit to see if your EAD is approved. That doesn’t mean you will get a SSN immediately. Social Security offices aren’t allowing walk-ins and just getting the number may have its delays and hassles. b) File immediately with an ITIN application. That too requires some bit of hassle.

The process for getting an ITIN is described on the IRS website. https://www.irs.gov/individuals/how-do-i-apply-for-an-itin Because you would have to mail your actual passport off to Austin as ID, the better FREE choice is Option 3, getting a photocopy of your passport ID certified at an IRS office. You will have to make sure it is a Taxpayers Assistance Center (TAC) that offers certifying services. Not all do. Don’t leave it to the last minute or all appointments will be taken. Option 2 is similar but likely has a fee because it will be a private firm who is authorized by the IRS to certify a photocopy of your passport. So when you go to one of these offices bring the following with you present in person: 

1. Your completed tax return with your SSN field left blank
2. A completed Form W-7 (your ITIN application)
3. Your passport ID to be photocopied and certified

The TAC (Option 3) or Acceptance Agent (Option 2) will certify a photocopy of your passport then submit everything to the Austin IRS office for you. They process your ITIN, then write it on your tax return and process the return in Austin. You may wait months on a return to be processed. There’s a thread where blokes are discussing it. Thus your refund will be delayed, but at least you filed.

 

if you decide to wait on a SSN, you can efile and get the refund quickly. You have to hope the EAD gets approved soonish. The hassle will be the Social Security office. There is a forum on getting SSNs. 
 

17 hours ago, Joe30 said:

If ITIN route is chosen, sending it with return is the usual process? How can it be done if TurboTax is used?

I prefer the desktop version and that’s what I’m familiar with. TurboTax Deluxe (cheap one) will do all you need. You use TurboTax as one normally does but ignoring the SSN field for yourself. Do all the checks it runs you through, fixing everything except ignore the SSN error it will point out. Then you go to the print area and choose  Print for Filing. That will print only the pages the IRS needs. Printing everything will give you worksheets and all kinds of pages for your records that don’t go to the IRS.  Done. Take that when you go get the passport certified.
 

If you have more questions about tax filing specifics after the first of the year, that’s a new topic so start a new question in this forum. There will be plenty others asking too. 

[Joe30 17]

2 hours ago, Wuozopo said:

Joe you have had all kinds of info swirling around. I’ll add my opinion.

1. At this time you are not eligible for a SSN because you have no immigration approval that would allow one. Some day you will have EAD, a green card, and citizenship BUT that doesn’t mean you are eligible at this moment for a SSN. Someday doesn’t count. The IRS says “You’re eligible for an SSN if you’re a U.S. citizen or if you’ve been admitted by the United States for permanent residence or U.S. employment.” Until one of those happens you are not eligible for a SSN and can get an ITIN. Those have not happened for you.
2. I would complete a joint tax return as soon as your spouse has all the documents needed. That would maybe be February since documents are supposed to be issued by Jan 31.
3. Then you have two choices. a) Sit on it waiting a bit to see if your EAD is approved. That doesn’t mean you will get a SSN immediately. Social Security offices aren’t allowing walk-ins and just getting the number may have its delays and hassles. b) File immediately with an ITIN application. That too requires some bit of hassle.

The process for getting an ITIN is described on the IRS website. https://www.irs.gov/individuals/how-do-i-apply-for-an-itin Because you would have to mail your actual passport off to Austin as ID, the better FREE choice is Option 3, getting a photocopy of your passport ID certified at an IRS office. You will have to make sure it is a Taxpayers Assistance Center (TAC) that offers certifying services. Not all do. Don’t leave it to the last minute or all appointments will be taken. Option 2 is similar but likely has a fee because it will be a private firm who is authorized by the IRS to certify a photocopy of your passport. So when you go to one of these offices bring the following with you present in person: 

1. Your completed tax return with your SSN field left blank
2. A completed Form W-7 (your ITIN application)
3. Your passport ID to be photocopied and certified

The TAC (Option 3) or Acceptance Agent (Option 2) will certify a photocopy of your passport then submit everything to the Austin IRS office for you. They process your ITIN, then write it on your tax return and process the return in Austin. You may wait months on a return to be processed. There’s a thread where blokes are discussing it. Thus your refund will be delayed, but at least you filed.

 

if you decide to wait on a SSN, you can efile and get the refund quickly. You have to hope the EAD gets approved soonish. The hassle will be the Social Security office. There is a forum on getting SSNs. 
 

I prefer the desktop version and that’s what I’m familiar with. TurboTax Deluxe (cheap one) will do all you need. You use TurboTax as one normally does but ignoring the SSN field for yourself. Do all the checks it runs you through, fixing everything except ignore the SSN error it will point out. Then you go to the print area and choose  Print for Filing. That will print only the pages the IRS needs. Printing everything will give you worksheets and all kinds of pages for your records that don’t go to the IRS.  Done. Take that when you go get the passport certified.
 

If you have more questions about tax filing specifics after the first of the year, that’s a new topic so start a new question in this forum. There will be plenty others asking too. 

Wow amazing info. Thank you. Screenshotting this