Tax Filing Resident Alien Spouse

[blankifly 0]

Hi VisaJourney Community,

 

Hope all is going well today! We have registered on this site to seek help regarding our 2023 tax filing (which was extended although we already paid the full amount on-time). We are currently feeling a lot of pressure as there are only a few more days to prepare this and send it in on time, although my spouse does not have a SSN or ITIN, which seems to have broken our ability to e-file through TurboTax. I am providing the full context below:

 

I am a US citizen and my spouse is a resident alien (based on IRS definition) without an SSN or ITIN. We have been married since the middle of last year and were looking to begin the AoS process as soon as possible. We had initially filed an extension in April 2024 for the 2023 taxes, since we weren't sure whether we could file jointly (which would save a substantial amount) or had to file as married filing separately due to the lack of SSN or ITIN. When we discussed this with our lawyer, she had told us that we shouldn't file for an ITIN since the AoS process would include an application for an SSN, and having an ITIN would potentially disrupt that process. Because of this, we ended up waiting for a while and prepared our remaining documentation for AoS, then were caught off guard as the last document we needed was the 2023 tax filing - when we tried to submit the completed documentation through TurboTax, it said we could not e-file and would have to manually print and send it due to the blank SSN value, and based on the documentation online it seems like other steps would be needed.

 

We are currently in a tough situation where we can't file for AoS since we need the tax filing (which is also due in a few days), and we weren't sure whether we could request an ITIN, since that could potentially disrupt or prevent us from moving forward with the AoS process. Even if we did want to apply for an ITIN, we don't even really understand how to do that, as we don't have clear legal guidance or an accountant to reference for next steps. From what we have read online, it sounds like we may need to print out the tax filing and mail it in along with a W-7, although we are desperately in need of clarification and guidance since we don't want the filing to be rejected.

 

We would really appreciate any input or recommendations here, as this has been really challenging and confusing for us, especially with such a limited timeframe available for next steps. Thank you all so much!

[Crazy Cat 41,804]

Filing for an ITIN will not affect the Adjustment of Status process.  You can file a joint return along with the W-7 (to get an ITIN) or you can file as MFS, then amend your return later after spouse receives a SSN.  

If your spouse is currently out of status, I STRONGLY advise you to file the I-485 package ASAP.  

mend 

Edited October 10 by Crazy Cat