Is there a way to get a spouse a U.S. social security number while waiting for spouse visa?

[top_secret 2,377]

On 7/9/2024 at 12:28 PM, spicynujac said:

Anyway, it is a very onerous process to be assigned a social security number while physically in the Philippines.  The IRS now requires a third party agent to file for you, and the only one in the Philippines is in Angeles City (supposedly the large accounting firms in Cebu and Manila can do this but in reality they do not and you will just waste your time trying).

 

I wanted to obtain a spousal SSN (Social Security Number--I assume you mean this by SSA?) so we could properly file joint tax returns and pay a much lower tax rate but traveling to Angeles City is not something I'm willing to do for this.  You have 3 years to amend your tax returns and hopefully I can do that and get a refund once she is in the US...  But the tax savings can be substantial (several thousand a year for me which should cover the money I'm paying to US immigration).

 

A second easy option for obtaining an ITIN for a Filipino spouse is for them to go down to a DFA office and get a DFA Certified photocopy of their Philippine passport.  It's a standard service and they charge like 150 pesos for.  That serves as a standalone document for filing a W7 and tax return by mail.

 

https://dfa-oca.ph/passport/passport-requirements/passport-certification-process-and-requirements/

 

https://dfa-oca.ph/passport/passport-requirements/passport-certification-process-and-requirements/

[spicynujac 23]

On 7/12/2024 at 11:35 AM, top_secret said:

 

A second easy option for obtaining an ITIN for a Filipino spouse is for them to go down to a DFA office and get a DFA Certified photocopy of their Philippine passport.  It's a standard service and they charge like 150 pesos for.  That serves as a standalone document for filing a W7 and tax return by mail.

 

https://dfa-oca.ph/passport/passport-requirements/passport-certification-process-and-requirements/

 

https://dfa-oca.ph/passport/passport-requirements/passport-certification-process-and-requirements/

Amazing news !  This is huge!

The ITIN/W7 needs to be filed with a tax return, so not sure if I can amend 2023 and send the W7 with an amended return or need to wait until next year and send it with the regular 1040, but either way I will be getting a huge refund soon.  THANK YOU!  I thought this was a ridiculous roadblock to filing correctly--so glad to see there is a solution!

 

For anyone else doing this, you probably want to get your foreign spouse to sign a form 2848 at the same time, to give you permission to sign annual tax returns for both parties until you are physically united.  One form is good for multiple years if you state them in advance (I'd recommend stating the next 3 years).

[top_secret 2,377]

3 minutes ago, spicynujac said:

Amazing news !  This is huge!

The ITIN/W7 needs to be filed with a tax return, so not sure if I can amend 2023 and send the W7 with an amended return or need to wait until next year and send it with the regular 1040, but either way I will be getting a huge refund soon.  THANK YOU!  I thought this was a ridiculous roadblock to filing correctly--so glad to see there is a solution!

 

 

You can indeed file a W7 with an amended return.

 

8 minutes ago, spicynujac said:

For anyone else doing this, you probably want to get your foreign spouse to sign a form 2848 at the same time, to give you permission to sign annual tax returns for both parties until you are physically united.  One form is good for multiple years if you state them in advance (I'd recommend stating the next 3 years).

 

Also make sure you get her to sign a letter electing for the non-resident alien spouse be treated as resident for tax purposes.

 

https://www.irs.gov/individuals/international-taxpayers/nonresident-spouse

 

Quote

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:

1. A declaration that on the last day of the tax year one spouse was neither a U.S. citizen nor a U.S. resident within the meaning of IRC section 7701(b)(1)(A) and the other spouse was, and that you choose to be treated as U.S. residents for the entire tax year.
2. The name, address, and identification number of each spouse. 

 

[charles.e.turner5 0]

On 7/7/2024 at 3:49 AM, pushbrk said:

Shared finances is just one item on a list of possible types of relationship evidence.  Concentrate on the other items.  Most important is evidence of time spent together in person.  That would be passport stamps, boarding passes, and photos together.

Based on your experience, what is the most important to least important if you could rank them in an order.

[pushbrk 12,814]

8 hours ago, charles.e.turner5 said:

Based on your experience, what is the most important to least important if you could rank them in an order.

Evidence of time spent together is always most important.  For people who have never lived in the same country, commingling of finances is not expected.  The least important and best to leave out is affidavits from other people.  About the same for receipts for the petitioner sending money to the beneficiary.  Leave that out.

You can only send what you actually have.  Contriving evidence is not going to  help.  It's easy to spot, and hurts you.

 

Edited July 16 by pushbrk

[W199 328]

On 7/15/2024 at 2:19 PM, top_secret said:

 

You can indeed file a W7 with an amended return.

 

It took the IRS 9-18 months (I lost count) before they processed my amended return.  I wonder if requesting an ITIN with an amended return would delay it?

[top_secret 2,377]

15 hours ago, W199 said:

 

It took the IRS 9-18 months (I lost count) before they processed my amended return.  I wonder if requesting an ITIN with an amended return would delay it?

 

 

They process the W7 first and then forward the return for processing.   I think they are currently taking ~2 months for the W7 so it would extend the processing of an amended return by that amount of time.

[spicynujac 23]

On 7/12/2024 at 11:35 AM, top_secret said:

 

A second easy option for obtaining an ITIN for a Filipino spouse is for them to go down to a DFA office and get a DFA Certified photocopy of their Philippine passport.  It's a standard service and they charge like 150 pesos for.  That serves as a standalone document for filing a W7 and tax return by mail.

 

https://dfa-oca.ph/passport/passport-requirements/passport-certification-process-and-requirements/

 

https://dfa-oca.ph/passport/passport-requirements/passport-certification-process-and-requirements/

The process in actuality wasn't as simple as they describe it.

The steps online indicate you fill out a form and then after 5 business days you can go to the DFA office.

When my spouse did so, she was told oh no we don't have your document, you have to fill out another form and it will be sent off to Manila and she needs to come back in one month to pick it up (not sure what the point of the first step was then!)

Since she was already there I told her to go ahead.. the cost is 100 pesos.  But if we had known this beforehand I'm not sure it was worth the trip... she had to wait several hours just to submit the application!  I'm beginning to understand that's normal procedure for the federal gov't in PH... Can't beat the price though!