NRA Married Filing Jointly - Waiting For SSN

[brvids2020 26]

Good Lord, the US tax code is beyond idiotic, but that's a subject for another day. So I save ton by filing jointly, however my wife is waiting on her green card and we submitted the SSN application with the green card. My understanding is that because she is a NRA and we are trying to file jointly (huge savings) she needs a SSN or ITIN. Well I'm pretty sure I read you don't apply for ITIN if you are eligible for SSN so what the heck do I do here? Just file an extension? Can I just attach a letter saying we're waiting for her SSN? Anybody that can tell me, I'd greatly appreciate it. 

Edited April 17, 2022 by brvids2020

[Crazy Cat 41,855]

You can get an extension, or you can file separately.  You can amend the filing status later.  Bottom line:  You can't file a joint return if spouse has no SSN or ITIN.  Personally, I see no issue with THAT part of the tax code.  Good luck. 

[Wuozopo 4,293]

20 hours ago, brvids2020 said:

Good Lord, the US tax code is beyond idiotic, but that's a subject for another day. So I save ton by filing jointly, however my wife is waiting on her green card and we submitted the SSN application with the green card. My understanding is that because she is a NRA and we are trying to file jointly (huge savings) she needs a SSN or ITIN. Well I'm pretty sure I read you don't apply for ITIN if you are eligible for SSN so what the heck do I do here? Just file an extension? Can I just attach a letter saying we're waiting for her SSN? Anybody that can tell me, I'd greatly appreciate it. 

You could apply for an ITIN, but you are out of time. She is (at the filing time) not eligible for a SSN is how I interpret it so for April deadline, she could apply for an ITIN.  An extension will buy you some time to wait on the SSN. With a SSN she qualifies for the economic impact payment #3 ($1400). With an ITIN, she doesn’t qualify. 

[brvids2020 26]

Thanks for the replies all. So I filed for an extension and it got rejected! Why? Because she has no SSN! Well duh! This is ridiculous. 

[Wuozopo 4,293]

2 hours ago, brvids2020 said:

Thanks for the replies all. So I filed for an extension and it got rejected! Why? Because she has no SSN! Well duh! This is ridiculous. 

I would use the mail in paper copy for the reason the efiling or e-extensions are going to require a SSN. You can write anything you want on a paper copy…like “pending”.