Submitting taxes Married jointly and applying for ITIN (K1 adjustment of status)

[CaLi90 56]

Hi there,

I have read alot of helpful information regarding filing taxes but just want to make sure I have it correct. 

 

I am adjusting status from K1 and got married October 2021, I have not yet received SSN and will do when my EAD is processed, however we would like to file married filing jointly as this makes alot more sense financially. 

 

Our plan (please correct if anything is wrong or to add):

 

Filling out taxes 2021 married filing jointly and leaving SSN blank for me. Should I write NRA (non resident alien) anywhere?

 

Also I have read about the foreign income exclusion, my UK income came from self employment and I worked up until the day before flying out to the US and have no US income after this point, and is below exclusion amount. Do I need to submit additional evidence with the Foreign income exclusion form such as statements showing self employment earnings or submit nothing with it?

 

Filling out W7 form for ITIN to submit with taxes. Getting an appointment at the IRS local office to verify my documents, so I don't have to send off passport in case I need it for AOS. Is there any additional evidence that will need to be sent off by them that needs to be a certified document (other than passport) or will them certifying and taking copies for it suffice?

 

Do I need a letter from the social security office explaining that I am not eligible for a SSN until my EAD is processed?

 

And one last thing that I couldn't find information about is if we do all this and submit the ITIN W7 with the taxes before April, will we still need to apply for a tax extension as I know it could take a couple months for the ITIN to be issued to be added to the tax form by IRS, or because everything has been submitted by this date no extension is needed but could take a few months to process for ITIN and paper return?

 

Please let me know if I've missed anything or any tips. If we can help it, we'd rather not apply for the extension but if it is necessary we will. 

 

Thank you in advance. 

[JeanneAdil 6,494]

 

 

23 minutes ago, CaLi90 said:

Hi there,

I have read alot of helpful information regarding filing taxes but just want to make sure I have it correct. 

 

I am adjusting status from K1 and got married October 2021, I have not yet received SSN and will do when my EAD is processed, however we would like to file married filing jointly as this makes alot more sense financially. 

 

Our plan (please correct if anything is wrong or to add):

 

Filling out taxes 2021 married filing jointly and leaving SSN blank for me. Should I write NRA (non resident alien) anywhere?

 

Also I have read about the foreign income exclusion, my UK income came from self employment and I worked up until the day before flying out to the US and have no US income after this point, and is below exclusion amount. Do I need to submit additional evidence with the Foreign income exclusion form such as statements showing self employment earnings or submit nothing with it?   all that is needed in form 2555

 

Filling out W7 form for ITIN to submit with taxes. Getting an appointment at the IRS local office to verify my documents, so I don't have to send off passport in case I need it for AOS. Is there any additional evidence that will need to be sent off by them that needs to be a certified document (other than passport) or will them certifying and taking copies for it su

Do I need a letter from the social security office explaining that I am not eligible for a SSN until my EAD is processed?

marriage certificate/  you can also send copy of the SS 5 that shows u applied for SS#

And one last thing that I couldn't find information about is if we do all this and submit the ITIN W7 with the taxes before April, will we still need to apply for a tax extension as I know it could take a couple months for the ITIN to be issued to be added to the tax form by IRS, or because everything has been submitted by this date no extension is needed but could take a few months to process for ITIN and paper return?

no extension is needed and even if u did send in extension form,  u may not have SS # by October 15th

Please let me know if I've missed anything or any tips. If we can help it, we'd rather not apply for the extension but if it is necessary we will. 

applying for ITIN takes time for returns to be done especially as IRS is still working on 2020 taxes in many cases 

Thank you in advance. 

 

Edited March 11, 2022 by JeanneAdil

[CaLi90 56]

3 minutes ago, JeanneAdil said:

just fill out form 2555 for foreign income

 

Marriage certificate

 

Ok great to know.

 

As for the SS-5, I initially had an appointment at the social security office a couple weeks after getting married and they told me I couldn't get one as I had got married even though I was well within the 90 (it was first few weeks of arrival) they didn't give me a letter of refusal or anything like that. 

 

But I have selected the option to get a SSN with my EAD that is processing alongside my AOS petition. So I haven't got a SS-5, will a letter from them be good in place of this?

[mytruelove18 608]

3 hours ago, CaLi90 said:

Ok great to know.

 

As for the SS-5, I initially had an appointment at the social security office a couple weeks after getting married and they told me I couldn't get one as I had got married even though I was well within the 90 (it was first few weeks of arrival) they didn't give me a letter of refusal or anything like that. 

 

But I have selected the option to get a SSN with my EAD that is processing alongside my AOS petition. So I haven't got a SS-5, will a letter from them be good in place of this?

You make a mistake applying for ss after marriage, i came here jn k1 visa and applied for ss before get martied and i did without problem. I red before i came here that k1 can get ss before get married

[Wuozopo 4,293]

51 minutes ago, CaLi90 said:

Filling out taxes 2021 married filing jointly and leaving SSN blank for me.

Yes blank

 

51 minutes ago, CaLi90 said:

Do I need to submit additional evidence with the Foreign income exclusion form such as statements showing self employment earnings or submit nothing with it?

Nothing required.

 

51 minutes ago, CaLi90 said:

Is there any additional evidence that will need to be sent off by them that needs to be a certified document (other than passport)

Only your ID document (certified photocopy of passport).

 

51 minutes ago, CaLi90 said:

Do I need a letter from the social security office explaining that I am not eligible for a SSN until my EAD is processed?

No

 

51 minutes ago, CaLi90 said:

And one last thing that I couldn't find information about is if we do all this and submit the ITIN W7 with the taxes before April, will we still need to apply for a tax extension

When you send in the tax return, even with an ITIN application with it, you have FILED. An extension means you are going to send late….after April. 
 

51 minutes ago, CaLi90 said:

Please let me know if I've missed anything

1) Based on your K1 arrival date in 2021, you are not a resident alien, which you have to be to file a joint return. A resident alien requires a greencard or enough days of physical presence in the US. HOWEVER, the IRS allows a perk since you married a US citizen. You prepare a statement signed by both of you electing to be treated as a resident alien for tax purposes. That is printed, signed, and goes in with your tax return, W7, and certified ID. It’s just another piece of the tax return that you have to create yourself and include. Information is detailed in IRS publication 519.

 

2) There is one advantage of an extension…you buy more time to wait on a SSN to file with. If you file with a SSN, you would be eligible for the $1400 economic impact payment given out in 2021 (as long as your joint income isn’t too high).  If you file with an ITIN (your current plan), you don’t qualify. 
 

3) There is a whole forum on here for Tax and Finance which is a better place for any further tax questions you may have. https://www.visajourney.com/forums/forum/159-tax-finances-during-us-immigration/

 

 

Edited March 11, 2022 by Wuozopo

[Crazy Cat 41,838]

51 minutes ago, CaLi90 said:

Filling out taxes 2021 married filing jointly and leaving SSN blank for me. Should I write NRA (non resident alien) anywhere?

You cannot file a joint return without a SSN or ITIN.  Entering "NRA" in the spouse SSN block is used for "Married- Filing Separate" filing.

 

53 minutes ago, CaLi90 said:

Do I need a letter from the social security office explaining that I am not eligible for a SSN until my EAD is processed?

No. 

[CaLi90 56]

10 minutes ago, mytruelove18 said:

You make a mistake applying for ss after marriage, i came here jn k1 visa and applied for ss before get martied and i did without problem. I red before i came here that k1 can get ss before get married

I am aware. I got married after 7 days in the US and was told I wouldn't be in the system til after 2 weeks. Of course now I wish I had got it done before marriage but I have to wait and that's why I'm asking about ITIN. 

6 minutes ago, Crazy Cat said:

You cannot file a joint return without a SSN or ITIN.  Entering "NRA" in the spouse SSN block is used for "Married- Filing Separate" filing.

 

No. 

Ok thanks for the info.

[CaLi90 56]

16 minutes ago, Wuozopo said:

Yes blank

 

Nothing required.

 

Only your ID document (certified photocopy of passport).

 

No

 

When you send in the tax return, even with an ITIN application with it, you have FILED. An extension means you are going to send late….after April. 
 

1) Based on your K1 arrival date in 2021, you are not a resident alien, which you have to be to file a joint return. A resident alien requires a greencard or enough days of physical presence in the US. HOWEVER, the IRS allows a perk since you married a US citizen. You prepare a statement signed by both of you electing to be treated as a resident alien for tax purposes. That is printed, signed, and goes in with your tax return, W7, and certified ID. It’s just another piece of the tax return that you have to create yourself and include. Information is detailed in IRS publication 519.

 

2) There is one advantage of an extension…you buy more time to wait on a SSN to file with. If you file with a SSN, you would be eligible for the $1400 economic impact payment given out in 2021 (as long as your joint income isn’t too high).  If you file with an ITIN (your current plan), you don’t qualify. 
 

3) There is a whole forum on here for Tax and Finance which is a better place for any further tax questions you may have. https://www.visajourney.com/forums/forum/159-tax-finances-during-us-immigration/

 

 

Thank you for the detailed response as always and the relevant links. 

 

Ok I will include everything you have set out and apply like that. I wasn't aware that ITIN didn't receive $1,400 so thank you for bringing that to my attention, I thought both ITIN and SSN would receive it. So will have a discussion with my partner on extension, if not it's fine anyway, it's still a big gain to file jointly.

 

Thank you again.

Edited March 11, 2022 by CaLi90

[CaLi90 56]

48 minutes ago, Wuozopo said:

Yes blank

 

Nothing required.

 

Only your ID document (certified photocopy of passport).

 

No

 

When you send in the tax return, even with an ITIN application with it, you have FILED. An extension means you are going to send late….after April. 
 

1) Based on your K1 arrival date in 2021, you are not a resident alien, which you have to be to file a joint return. A resident alien requires a greencard or enough days of physical presence in the US. HOWEVER, the IRS allows a perk since you married a US citizen. You prepare a statement signed by both of you electing to be treated as a resident alien for tax purposes. That is printed, signed, and goes in with your tax return, W7, and certified ID. It’s just another piece of the tax return that you have to create yourself and include. Information is detailed in IRS publication 519.

 

2) There is one advantage of an extension…you buy more time to wait on a SSN to file with. If you file with a SSN, you would be eligible for the $1400 economic impact payment given out in 2021 (as long as your joint income isn’t too high).  If you file with an ITIN (your current plan), you don’t qualify. 
 

3) There is a whole forum on here for Tax and Finance which is a better place for any further tax questions you may have. https://www.visajourney.com/forums/forum/159-tax-finances-during-us-immigration/

 

 

I guess this is what made me think ITIN was ok for third stimulus payment. 

[Chancy 6,241]

*** Moved from AOS from K1 Visas forum to Tax & Finances During US Immigration ***

 

[Wuozopo 4,293]

1 hour ago, CaLi90 said:

I guess this is what made me think ITIN was ok for third stimulus payment. 

 

I can see how you thought that. It says file if either of you have a SSN. But what it fails to say is only the one with the SSN gets the money, which your spouse probably got already in early 2021.  Follow the instructions for the Form 1040 as your final source of information https://www.irs.gov/pub/irs-pdf/i1040gi.pdf  The  Recovery rebate credit instructions start on page 57:

Generally, you are eligible to claim the recovery rebate credit if in 2021 you (or your spouse if filing a joint return) were a U.S. citizen or U.S. resident alien, weren't a dependent of another tax payer, and have a valid social security number. Use the Recovery Rebate Cred-it Worksheet to figure the credit, if any, you can claim. 
 

A further reference from the IRS

https://www.irs.gov/newsroom/questions-and-answers-about-the-third-economic-impact-payment-topic-b-eligibility-and-calculation-of-the-third-payment#collapseCollapsible1635346339934

Remember you are a resident alien to the IRS if you include that statement electing to be treated as one based on marriage to a USC. But you don’t meet the SSN part just yet. Maybe by Oct 15, but who knows? I don’t really follow timelines of how long things are taking. Filing for an ITIN along with the tax return is going to delay your refund a long time anyway, so  maybe waiting would work out to get $1400 more in that refund, or maybe not. Kind of a big guess. 

Edited March 11, 2022 by Wuozopo

[K1visaHopeful 2,814]

3 hours ago, CaLi90 said:

 

Our plan (please correct if anything is wrong or to add):

 

Filling out taxes 2021 married filing jointly and leaving SSN blank for me. Should I write NRA (non resident alien) anywhere?

You cannot file MFJ without either an ITIN or SSN. 

You CAN file MFJ and file a W7 for ITIN WITH your paper filed MFJ return.

 

The paragraph above is the method to file Married filing separately not MFJ.

 

3 hours ago, CaLi90 said:

 

Also I have read about the foreign income exclusion, my UK income came from self employment and I worked up until the day before flying out to the US and have no US income after this point, and is below exclusion amount. Do I need to submit additional evidence with the Foreign income exclusion form such as statements showing self employment earnings or submit nothing with it?

Submit no evidences.

Report your foreign income in USD on Form 2555.

 

3 hours ago, CaLi90 said:

 

Filling out W7 form for ITIN to submit with taxes. Getting an appointment at the IRS local office to verify my documents, so I don't have to send off passport in case I need it for AOS. Is there any additional evidence that will need to be sent off by them that needs to be a certified document (other than passport) or will them certifying and taking copies for it suffice?

Yes. That's the protocol.

No other documents needed.

 

3 hours ago, CaLi90 said:

Do I need a letter from the social security office explaining that I am not eligible for a SSN until my EAD is processed?

No.

 

3 hours ago, CaLi90 said:

And one last thing that I couldn't find information about is if we do all this and submit the ITIN W7 with the taxes before April, will we still need to apply for a tax extension as I know it could take a couple months for the ITIN to be issued to be added to the tax form by IRS, or because everything has been submitted by this date no extension is needed but could take a few months to process for ITIN and paper return?

 

No extension needed.

 

3 hours ago, CaLi90 said:

Please let me know if I've missed anything or any tips. If we can help it, we'd rather not apply for the extension but if it is necessary we will. 

 

Thank you in advance.

 

[Familiar 7]

I too am navigating the taxes with my spouse in similar circumstances so I appreciate people answering the OP's questions. 

 

I did want to ask - does anyone have a template or guideline for the declaration/statement of electing for the non US citizen to be treated as a resident alien? 

[Wuozopo 4,293]

43 minutes ago, Familiar said:

I too am navigating the taxes with my spouse in similar circumstances so I appreciate people answering the OP's questions. 

 

I did want to ask - does anyone have a template or guideline for the declaration/statement of electing for the non US citizen to be treated as a resident alien? 

The one I wrote and used is posted several times. Try this thread 

https://www.visajourney.com/forums/topic/779952-tax-filing-question-aos-from-k1/?do=findComment&comment=10636200

Description from the IRS that I went by.

How To Make the Choice

Attach a statement, signed by both spouses, to your joint return for the first tax year for which the choice applies. It should contain the following information.

• A declaration that one spouse was a nonresident alien and the other spouse a U.S. citizen or resident alien on the last day of your tax year, and that you choose to be treated as U.S. residents for the entire tax year.

• The name, address, and identification number of each spouse. (If one spouse died, include the name and address of the person making the choice for the deceased spouse.)

Edited March 11, 2022 by Wuozopo

[E&W 146]

Small detail, if your married name is different then the name on your passport, you will need to also submit a wedding certificate alongside your passport. We did this last year, and our preparer forgot to include our wedding certificate. it delayed getting the ITIN by a few weeks.