A asked in Politics & GovernmentImmigration · 4 weeks ago

Does my wife need a Social Security Number or ITIN for me to file my taxes?

She moved to the US on a K1 visa last year, and we got married within the time limit. We have applied for her green card, and have done a few steps in that process but it could be quite awhile longer until she receives anything else from USCIS. 

When I am trying to do my taxes, it is asking for her SSN or ITIN, which she doesn't have as there was never a need (she wasn't and still isn't able to work). Do she need to apply for one of these or is there I way I can file without it and explain the situation to them? Or maybe a form to send along with my tax documents saying she hasn't worked? I have done so much paperwork for this process as it is, so when she came here I didn't apply for an ITIN for her because it would have been even more to keep track of, and she didn't need it for anything. So is this possible? Or am I out of luck and just need to apply for an ITIN, wait the 2-3 months it could take, and hope she gets it before taxes are due?

6 Answers

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  • 3 weeks ago

    Just apply for the ITIN. If it isn't here before taxes are due, then file for an extension of the tax filing due date.

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  • Foofa
    Lv 7
    4 weeks ago

    I'd file for an extension. 

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  • 4 weeks ago

    This is one reason why, with K-1 visa, you need to file for Adjustment of Status immediately upon marriage. It currently can take 6-9 months for the new spouse to get a green card, and then about 4 weeks to get the new Social Security card. Yes, it's a hassle, it's expensive, it's time-consuming, but you're the one who wanted to bring in a foreigner so the burden is on you.

    File before 15 April, of course. Depending on when you filed for AoS last year, perhaps she'll get her green card & SSN in time to file. Otherwise, you still have to file, but cannot declare your spouse as your dependent.

    Alternative: You file for automatic extension of time to file your income tax return. If you have been reasonably prompt & diligent in handling your filings, etc, you'll have the requisite documents in time to file with your wife's proper SSN by the extension-deadline of 15 October.

    Getting ITIN is a complication you don't need, getting SSN now is premature. File for the extension about 1 April if she does not have her docs by then. Easiest route to take.

    • W.T. Door
      Lv 7
      4 weeks agoReport

      I agree that for him to simply file for an extension is the simplest and maybe best option if she does not have her US PR ID before April 15th. 

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  • Lisa A
    Lv 7
    4 weeks ago

    She needs a SSN in order to claim a deduction for her on your taxes.

    No SSN, no deduction. You can still file your taxes though, no problem.

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  • 4 weeks ago

    For you to to claim her as a dependent she needs a SSN.  Go to a Social Security office in person with her and all of the AoS documents and see if they will give her a SSN.

    Note that you can submit a form to delay when you have to actually file your taxes.  If you have to pay you still have to pay the estimated amount, but there are ways for you to be able to wait for her to get her "green card" ID before you have to file your actual tax return.  

    • ibu guru
      Lv 7
      4 weeks agoReport

      She'll get a restricted Social Security card IF they allow her anything at all. Easier to file for Extension to File income tax return if her docs are not in order by about 1 April to file by 15 April.

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  • 4 weeks ago

    She needs at least one of them.

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