Tax Filing Status question - no SSN, expired ITIN, pending AOS

[Broccoli Girl 19]

Yet another tax filing status question!

 

Hi everyone, been scouring VJ for the past days but couldn't find the answer that applies to my situation. I'm the beneficiary, our AOS/EAD is pending and I don't have a SSN. I have an expired ITIN from when I was a grad student in GA, the last year I filed was for tax year 2017.

 

When my husband (USC) files for 2021 taxes by April 2022, should he file as:

1 - MFS, then we file an amended return once I get my SSN. Not sure if this is relevant, our PD for EAD was June 2021 but there has been no movement since my biometrics appointment in Aug 2021. Or:

2 - MFJ, before which I should renew my expired ITIN so we can file jointly. I'm not sure about this option since technically I have a pending application for  SSN with my EAD. I haven't had any income since 2020, so we are thinking MFJ would be the best option.

 

Appreciate any advice and insights.

[Wuozopo 4,293]

You can do either in my opinion We’ve debated the pending SSN via AOS on this board. My opinion is if you filed today, or next week, whatever, on the day you file that return you are not eligible for a SSN. You could be denied EAD or AOS…so is it really pending like a for sure thing? I would go along with pending if you already had EAD and had been to the SSA office and they were verifying something manually with USCIS,. Sometimes we over-complicate taxes by bringing immigration points into it. Anyway that’s how I look at it. I also don’t think the IRS is going to dig into the nuts and bolts of your immigration timeline when deciding to renew your ITIN. 
 

You can also apply for an extension and have until Oct 15 to get the SSN which would allow you to get the $1400 third stimulus if you didn’t get it in early 2021. I can’t tell from your timeline  what your situation is, if you worked and filed before, and what you are adjusting from. 

Edited February 17, 2022 by Wuozopo

[Broccoli Girl 19]

32 minutes ago, Wuozopo said:

You can also apply for an extension and have until Oct 15 to get the SSN which would allow you to get the $1400 third stimulus if you didn’t get it in early 2021. I can’t tell from your timeline  what your situation is, if you worked and filed before, and what you are adjusting from. 

Thanks for the insight. I came with a B2 in late 2020 and applied for AOS after we got married in March 2021. I tried to update my VJ timeline several times but for some reason these details aren't showing up. Maybe VJ was also confused because I had a pending K-1 application in my timeline when I came over with a B2 and decided to get married because of Covid restrictions - I was trying to change from a K-1 to the Other visa option.

 

I had an ITIN from when I was an exchange grad student until 2017 and have no employment experience in the US as I was a scholar.

[Hamy 1]

46 minutes ago, Broccoli Girl said:

Thanks for the insight. I came with a B2 in late 2020 and applied for AOS after we got married in March 2021. I tried to update my VJ timeline several times but for some reason these details aren't showing up. Maybe VJ was also confused because I had a pending K-1 application in my timeline when I came over with a B2 and decided to get married because of Covid restrictions - I was trying to change from a K-1 to the Other visa option.

 

I had an ITIN from when I was an exchange grad student until 2017 and have no employment experience in the US as I was a scholar.

I have same issue and looking for advise I came on B2 and applied to AOS which is still pending and want to file joint Taxes while I doesn't have ITIN or SSN. May I know what's the status of your AOS?

[Broccoli Girl 19]

2 hours ago, Hamy said:

I have same issue and looking for advise I came on B2 and applied to AOS which is still pending and want to file joint Taxes while I doesn't have ITIN or SSN. May I know what's the status of your AOS?

I'm sorry my timeline details aren't showing... I've been trying to edit it several times!

 

I had my biometrics appointment in August 2021 and up to now status is still "Case is actively being reviewed".

[Hamy 1]

9 hours ago, Broccoli Girl said:

I'm sorry my timeline details aren't showing... I've been trying to edit it several times!

 

I had my biometrics appointment in August 2021 and up to now status is still "Case is actively being reviewed".

Aug 2021 to Feb it's already been so long time