Filing Taxes MFJ K1 No SSN AOS

[Justin09 1]

So I've been scouring this site for some information but I cannot find a thread with my exact dilemma, I kindly ask for some wisdom. My wife arrived here in the US on Sept 2021, got married Nov 2021, and filled for Adjustment of Status (I-485) short after. She got her Biometrics on January and we've been waiting for the next step ever since. 

 

Tax Season.

She has not worked the entire 2021 foreign or domestic, and we applied for an SSN through the AOS (I-485) form. I'm aware that I cannot file my taxes jointly without SSN or ITIN, however, I don't quite understand how the W7 form works. As I've read, W7 has to be sent off together with my forms when I file my taxes but I thought it would be rejected without the SSN/ITIN? And then I have to contact an Acceptance Agent to verify her foreign status in order to receive the ITIN number? How will I include that number in my file?

 

1.) Is it possible to re-apply for an SSN through the SSA?

2.) File for an extension to wait for the SSN?

3.) Married Filling Separately since she has no work/income?

 

Kindly, 

Thank you

 

Help

 

 

 

 

[Wuozopo 4,293]

9 hours ago, Justin09 said:

I don't quite understand how the W7 form works. As I've read, W7 has to be sent off together with my forms when I file my taxes but I thought it would be rejected without the SSN/ITIN?

It will not be rejected when it is accompanied by an ITIN application (W7). The ITIN will be processed first. Then it will be added to the return before the return gets processed. You can go to a IRS Taxpayer Assistance  Center (TAC) and get her  passport certified for free or to an approved private acceptance agent.

 

 

9 hours ago, Justin09 said:

1.) Is it possible to re-apply for an SSN through the SSA?

2.) File for an extension to wait for the SSN?

3.) Married Filling Separately since she has no work/income?

1. A K1 is only eligible for a SSN if you go to a SSA office within the first 76 days after her entry. The window is closed now until she gets her EAD or greencard.

 

2. You can do that and have until October 15 to wait on the SSN. With a SSN she can get the $1400 third economic impact credit. With an ITIN she is not eligible.

 

3. You may file MFS and she files nothing, if you don’t mind paying more in taxes.

You can read why I think you will save with MFJ in another post I made https://www.visajourney.com/forums/topic/779952-tax-filing-question-aos-from-k1/?do=findComment&comment=10636148

 

 

Edited March 23, 2022 by Wuozopo