Is my sposes's SSN still valid for Tax Purposes?

[Mello3 37]

Hello everyone, I think I have my answer from reading the board but my situation is not common so I want to double check prior to filing.

 

I (us citizen) married my wife (foreign) in via the Utah online wedding process and filed I-130 with USCIS in April 2024. My wife was previously here (Dec 2023) via the k-1 via process and obtained her ssn while here. We didnt get married here and she left prior to the expiration of her visa to return to her country.
 
She isn’t work at the moment, she and my step son live in the philippines. She has SSN, he does not. We were married in April of this year and I live and work here in the USA. 

 

I know that I have to file MFJ, and since my stepson doesnt have a ssn and isnt living here I cannot claim him but my question is this.

 

Is her SSN still valid since she left and it was issued while she was here under the k1 visa that is now invalid? I know that normally a ssn never expires but hers states "not valid for work" so I dont know if this makes a difference or not. 

Any information is appreciated. Thank you.

[Boiler 45,901]

Yes

[Lil bear 4,283]

3 hours ago, Mello3 said:

Hello everyone, I think I have my answer from reading the board but my situation is not common so I want to double check prior to filing.

 

I (us citizen) married my wife (foreign) in via the Utah online wedding process and filed I-130 with USCIS in April 2024. My wife was previously here (Dec 2023) via the k-1 via process and obtained her ssn while here. We didnt get married here and she left prior to the expiration of her visa to return to her country.
 
She isn’t work at the moment, she and my step son live in the philippines. She has SSN, he does not. We were married in April of this year and I live and work here in the USA. 

 

I know that I have to file MFJ, and since my stepson doesnt have a ssn and isnt living here I cannot claim him but my question is this.

 

Is her SSN still valid since she left and it was issued while she was here under the k1 visa that is now invalid? I know that normally a ssn never expires but hers states "not valid for work" so I dont know if this makes a difference or not. 

Any information is appreciated. Thank you.

Yes. 

[Bob in Boston 765]

7 hours ago, Mello3 said:

Is her SSN still valid since she left and it was issued while she was here under the k1 visa that is now invalid

She ownes that SSN till the day she dies and then some

[W199 345]

8 hours ago, Mello3 said:

 

 

I know that I have to file MFJ, and since my stepson doesnt have a ssn and isnt living here I cannot claim him but my question is this.

 

 

Remember too that to file MFJ, you will need to include a declaration with 

 

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. 

[Mello3 37]

1 hour ago, W199 said:

Remember too that to file MFJ, you will need to include a declaration with 

 

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. 

Wow... Didn't realize this. I'll have to make arrangements to have her print, sign and send to me. Thank you