Tax filing option for foreign spouse

[brahstir 6]

Hi all,

 

I have bit of a complicated situation. I married a foreign national in 2023. In 2024, I filed my taxes as married filing separately. I had to paper file as my spouse did not have a ssn.

My spouse will be entering US in May of this year. After entering she will receive her ssn and green card. From my research I have two option for filing taxes this year.

 

Option 1: File married filing separately and then amend the taxes after she receives her ssn. I can’t file joint because she needs to request ITIN and has to send original passport as an additional evidence which is not possible.

With this option, I read that we won’t be eligible for certain credits like EIC since ssn is needed on or before the due date of the return that is filed. I don’t mind this as we wouldn’t qualify for these credits anyways. My concern is that will we be able to use higher standard deduction when we amend to file MFJ.

 

Option 2: File for extension so that we can use wife’s ssn and file jointly. When I fill out extension form 4868, I read that I can put “ITIN TO BE REQUESTED” for my spouse since she doesn’t have ssn. Is that right? This means I have to mail this form and can not e-file?

For my state, NJ, I found following instructions for extension:

You enclose a copy of your federal Application for Automatic Extension, if filed by paper, and fill in the oval on the front of your NJ-1040; or  You file Form NJ-630. Does this mean I have to do nothing now and then just file by mail and just check mark on NJ-1040 where it says “federal extension filed” when I eventually file my taxes. And should I just pay my tax online before the deadline of April?

 

I’m leaning more towards Option 2 as I heard that there’s a huge backlog of forms 1040X.