My wife moved to USA in February 2020. Her I-94 had some information wrong (which we resolved within a few months) - however, her SSN application got denied due to the I-94 mishap. By then, it was too late to get her SSN with the pandemic going on.
We decided to apply for her SSN using the I-735 form. We mailed her
AOS last October and we are still waiting especially with the
RFE we received and fixed last January/February.
So it's tax season now. I filed my federal taxes saying I'm married but that we're filing separately - because I noticed that by filing jointly, she would have to provide her SSN. So I figured with her being unemployed and that she hasn't worked a single day in America and that she doesn't have a SSN, she didn't have to file taxes.
I'm not sure if it's relevant, but I am unable to file my state tax because they needed her SSN for that.
So the main problem is that she doesn't have a SSN and getting an ITIN is not possible. According to the IRS website: "If you have an application for an SSN pending, don t file Form W-7."
So my questions are:
1) Does my wife have to file taxes?
2) If yes, how is she able to file taxes if she doesn't have either a SSN or an ITIN?
3) Anything else we need to know?
Thanks in advance!