I need help

[tahm 19]

Long story short, I didn't get my SSN with my k1 visa when I arrived because I wanted to get it through AOS (I thought it would be easier). So, my I-94 has expired, and I don't have an SSN. I even tried to send the SS5 form to the SSA office before my I-94 expiration date, but never got anything back from them, probably because I sent copies of my documents and not my original passport/documents. 

 

Well, now my spouse needs to do his taxes and I don't have an SSN. I searched online that you need an ITIN number, but they also require you to send in ORIGINAL documents and I'm not sending my original passport. What do I do now? Is the only option to file for an extension, so we have time to get the SSN through AOS/EAD? I'm so stress out. Please help. Thank you!

[JeanneAdil 6,583]

Grey area with IRS 

they say 1st apply for SS# and if u are not eligible for SS #,  then u can apply for ITIN but some IRS officers say,  u were eligible for SS # with the I94 and now with the AOS application 

• An individual may have a social security number (SSN). If the individual does not have, and is eligible for, an SSN, he or she must use Form SS-5 PDF (PDF) to get an SSN. The Social Security Administration will tell the individual if he or she is eligible to get an SSN.
• An individual may have an IRS individual taxpayer identification number (ITIN). If the individual does not have, and is not eligible for, an SSN, he or she must apply for an ITIN by using Form W–7.

[Iscir 297]

I'm not sure how it works with you with a pending AOS, but you can try to apply for an ITIN in person so you don't have to mail any original documents. I did this while I was visiting the US a few years ago.

You need to get an appointment either with a Taxpayer assistance center or a certifying acceptance agent. We went to our local IRS assistance center. If you can't get an ITIN, at least they will help filing your taxes.

[tahm 19]

My AOS isn't even pending. I haven't filed it yet because we need the tax transcript from 2021 to prove income and we can't do the taxes without an SSN/ITIN

[Wuozopo 4,293]

1 hour ago, tahm said:

My AOS isn't even pending. I haven't filed it yet because we need the tax transcript from 2021 to prove income and we can't do the taxes without an SSN/ITIN

The most recent tax return is 2020 until the filing deadline for tax year 2021. So send off your AOS before April 18 and the 2020 return counts.

 

If 2020 doesn’t show enough income so that’s why you want 2021, then he can file Married Filing Separately. You don’t have to file.

[tahm 19]

2 minutes ago, Wuozopo said:

If 2020 doesn’t show enough income so that’s why you want 2021, then he can file Married Filing Separately. You don’t have to file.

Yes, that's the case. I searched online and you need an SSN/ITIN for Married Filing Separately too.

[Chancy 6,243]

3 minutes ago, tahm said:

you need an SSN/ITIN for Married Filing Separately too.

 

No -- SSN/ITIN of spouse is not needed for MFS.  The USC taxpayer just needs to hand-write "NRA" in the field for spouse SSN.  But doing so means they will not be able to e-file.  They will need to mail in their tax filing.

 

[Wuozopo 4,293]

28 minutes ago, tahm said:

Yes, that's the case. I searched online and you need an SSN/ITIN for Married Filing Separately too.

This quote below comes from the instructions for the 1040. It’s the first thing on page 14. 
https://www.irs.gov/pub/irs-pdf/i1040gi.pdf

 

Married Filing Separately
Check the “Married filing separately” box at the top of Form 1040 or 1040-SR if you are married and file a separate re- turn. Enter your spouse’s name in the entry space below the filing status checkboxes. Be sure to enter your spou- se’s SSN or Individual Taxpayer Identi- fication Number (ITIN) in the space for spouse’s SSN on Form 1040 or 1040-SR. If your spouse doesn’t have and isn’t required to have an SSN or ITIN, enter “NRA” in the entry space below the filing status checkboxes

[arken 4,197]

Two choices:

1. File MFS through mail.

2. File MFJ- Have all tax documents and ITIN application ready and go to a IRS TAC center. Bring original and copy of your passport. They will verify your original with the copy, give back your original and mail the tax return with itin application to the IRS.

[Wuozopo 4,293]

18 hours ago, Chancy said:

 

No -- SSN/ITIN of spouse is not needed for MFS.  The USC taxpayer just needs to hand-write "NRA" in the field for spouse SSN.  But doing so means they will not be able to e-file.  They will need to mail in their tax filing.

 

I’m interested to see if anything has changed in this awkward way of preparing a tax return…the handwrite in thing.

The instructions for 2021 have changed slightly. They no longer indicate NRA should be written in the SSN space. They say to put it in the blank space below the boxes for filing status. That line will accept alpha characters.

——————-

2020

Be sure to enter your spouse’s SSN or ITIN in the space for spouse’s SSN on Form 1040 or 1040-SR. If your spouse doesn’t have and isn’t required to have an SSN or ITIN, enter “NRA

 

2021

Be sure to enter your spouse’s SSN or Individual Taxpayer Identification Number (ITIN) in the space for spouse’s SSN on Form 1040 or 1040-SR. If your spouse doesn’t have and isn’t required to have an SSN or ITIN, enter “NRA” in the entry space below the filing status checkboxes.

 

For electronic filing, enter the spouse's name or “NRA” if the spouse doesn’t have an SSN or ITIN in the entry space below the filing status checkboxes

——————

@tahm If you husband decides to file Married Filing Separately, he should see if efile works this year. The previous problem was that only numbers could go in the SSN field but IRS said enter letters in the SSN field. Software wouldn’t accept that so no efile. But this year IRS tells you to put NRA on a different line. It also may depend on if the different software companies have programmed a change.  I’m interested to see what happens when somebody tries it.

 

Edited February 15, 2022 by Wuozopo

[tahm 19]

On 2/15/2022 at 11:27 AM, Wuozopo said:

If you husband decides to file Married Filing Separately, he should see if efile works this year. The previous problem was that only numbers could go in the SSN field but IRS said enter letters in the SSN field. Software wouldn’t accept that so no efile. But this year IRS tells you to put NRA on a different line. It also may depend on if the different software companies have programmed a change.  I’m interested to see what happens when somebody tries it.

 

We tried calling IRS (TAC) multiple times to make an appointment and have them certify my passport there so I wouldn't have to send my original passport. But they were always busy we couldn't make an appointment. So, it looks like he's gonna have to file MFS. We will try to the efile first if it doesn't work we are gonna mail it. Thank you.

Edited February 16, 2022 by tahm