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

[RedHeadChica 0]

Hello all!! My husband and I are in the process of applying for his ITIN with the W-7 form. I have searched everywhere and need some clarity on a few line items in the W-7…

A bit of background:

1. Fiancé came to USA on K1 visa in August

2. We married in October 

3. applied for AOS (currently being processed, have no interview date yet, biometrics next Friday)

4. K1 visa is now expired..

 

SO, do I need to mention the K1 visa at all on the W7 application? I understood that since he is submitting the W7 as a spouse of a US citizen (me)- the K1 isn’t relevant to our W7?
-More specifically, on line item 6c. of the W7- DO I NEED TO ENTER HIS (NOW EXPIRED) K1 Visa

Type/Number/Expiration date? Or should we just leave it blank..?
-The same would apply to 6d. - DO WE NEED TO ENTER HIS DATE OF ENTRY TO THE USA?

 

After reading the full IRS W—7 instructions, my takeaway is that our application for an ITIN for a spouse of a US citizen is not dependent on any particular visa type since we are already legally married and the K1 visa is expired. The types of ITIN applications that would be subject to the above line items and are directly based on a valid US Visas would be employment based visas, student visa??

just wanting to make sure I don’t leave this information out if it is in fact required..

 

Thanks to anyone who can help clarify/has dealt with the same position we are in!!!

 

 

[JeanneAdil 6,583]

u do mention K1 visa and it expired the day he entered (types of visa is always revelent

and yes,  u write the date he entered the US POE or Canda if he did customs there 

 

[CaLi90 56]

On 3/11/2022 at 10:20 AM, 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/

 

 

Thanks for in the info before.

 

We have a meeting with the accountant in a couple of days. We are still in between filing married jointly along with the ITIN application or as you stated about filing a tax extension to wait on the social security number and filing married jointly with that. Just had a couple questions and you seem to be the person in the know!

 

If we waited for the social security number and apply for the tax extension. Should we apply for the ITIN number separately anyway, just incase we don't receive the SSN in time to file by October and then we would hopefully have one or the other?

 

If we file for the tax extension I read that we still have to pay any taxes owed by April 18th, which is not a problem as we are more likely eligible for a refund, but how would we even know if we haven't submitted taxes or do you submit/do a rough tax return so we know how much will be owed or refunded?

 

Hope my second question is clear but I'm not sure if I've worded it properly. 

 

Thank you again in advance.  

[Wuozopo 4,293]

2 hours ago, CaLi90 said:

If we waited for the social security number and apply for the tax extension. Should we apply for the ITIN number separately anyway, just incase we don't receive the SSN in time to file by October and then we would hopefully have one or the other?

To apply for an ITIN requires filing a tax return with the ITIN application. So if you do that, you have ended your option to wait longer for a SSN because you already filed. If you wait, then you have until Oct 15 to submit an ITIN application (W7) with the tax return

 

2 hours ago, CaLi90 said:

If we file for the tax extension I read that we still have to pay any taxes owed by April 18th, which is not a problem as we are more likely eligible for a refund, but how would we even know if we haven't submitted taxes or do you submit/do a rough tax return so we know how much will be owed or refunded?

You do a tax return but don’t submit it. Then you know if you owe or get a refund. Remember with an ITIN there’s no $1400 recovery credit so figure with that in mind in case you end up doing ITIN. Then you wouldn’t over estimate in case the SSN doesn’t work out.

Edited March 30, 2022 by Wuozopo

[CaLi90 56]

3 minutes ago, Wuozopo said:

To apply for an ITIN requires filing a tax return with the ITIN application. So if you do that, you have ended your option to wait longer for a SSN because you already filed. If you wait, then you have until Oct 15 to submit an ITIN application (W7) with the tax return

 

You do a tax return but don’t submit it. Then you know if you owe or get a refund. Remember with an ITIN there’s no $1400 recovery credit so figure with that in mind in case you end up doing ITIN. Then you wouldn’t over estimate in case the SSN doesn’t work out.

This is extremely helpful, thank you so much.

 

So we will go ahead with our appointment with our accountant, getting our taxes done accurately with factoring out the $1,400 (just incase I don't receive a SSN in time). But not submitting the taxes until later in the year. And file the extension. 

 

We have gone over our taxes loosely and it looks as though we are due a refund as the current tax code has her down as single, when MFJ using an online tax calculator and taking away what she has already paid in taxes, seems like we are due over $5-7k as we have two children and can claim them for the dependent credit. But we will get the accountant to confirm that.

 

You've made it very clear for us, and we will file the extension and hope for the SSN in time, if not file the taxes with the ITIN application.

 

Thanks again for the great knowledge!

[CaLi90 56]

36 minutes ago, Wuozopo said:

To apply for an ITIN requires filing a tax return with the ITIN application. So if you do that, you have ended your option to wait longer for a SSN because you already filed. If you wait, then you have until Oct 15 to submit an ITIN application (W7) with the tax return

 

You do a tax return but don’t submit it. Then you know if you owe or get a refund. Remember with an ITIN there’s no $1400 recovery credit so figure with that in mind in case you end up doing ITIN. Then you wouldn’t over estimate in case the SSN doesn’t work out.

When filing the extension for my federal return, do I have to file an extension for NY state/NYC local taxes? Or is it just one extension for all?

[Wuozopo 4,293]

24 minutes ago, CaLi90 said:

When filing the extension for my federal return, do I have to file an extension for NY state/NYC local taxes? Or is it just one extension for all?

Can I just add that people will tell you if you don’t owe anything, you can just file late with no extension needed. No penalty for being late. That is true. But your goal is to get the extra $1400 and the formal filed extension protects that. The IRS says you qualify for that if you have a SSN by April filing deadline OR by October filing deadline if you file an extension. 

 

As to NY state income tax,  I don’t know. You’ll have to ask NY if they have an extension policy. They are separate from the IRS.

[CaLi90 56]

26 minutes ago, Wuozopo said:

Can I just add that people will tell you if you don’t owe anything, you can just file late with no extension needed. No penalty for being late. That is true. But your goal is to get the extra $1400 and the formal filed extension protects that. The IRS says you qualify for that if you have a SSN by April filing deadline OR by October filing deadline if you file an extension. 

 

As to NY state income tax,  I don’t know. You’ll have to ask NY if they have an extension policy. They are separate from the IRS.

Good to know thank you. 

 

Ok will look into that. 👍🏻

[JeanneAdil 6,583]

Understand this part of filing for the extension

 

If you owe on taxes and you need to file an extension, you must pay when you file your extension. Otherwise, you'll also have to pay interest and late penalties.5 days ago

[CaLi90 56]

56 minutes ago, JeanneAdil said:

Understand this part of filing for the extension

 

If you owe on taxes and you need to file an extension, you must pay when you file your extension. Otherwise, you'll also have to pay interest and late penalties.5 days ago

We definitely will pay if we owe by April 18th, but likely we are owed a refund. Going to double check that with our accountant in a couple of days. Thank you 🙂