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Haven't been able to file 2019 taxes yet without ITIN for spouse

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  • Haven't been able to file 2019 taxes yet without ITIN for spouse

    Married 2019, filed I-130 in 2020, then COVID19 hit, US citizen here and spouse is in foreign country
    IRS says cannot file 2019 taxes as single and that my spouse needs an ITIN number, so I filed for an extension
    IRS says need a notarized copy of spouse passport from their US embassy to issue an ITIN number
    Spouse's US embassy has been closed due to COVID19
    Suggestions?

  • #2
    First: IRS cannot required you to file Jointly tax return. It is your choice and/or your spouse to file joint returns
    Second: Your spouse is not in the US, therefore, no need to have her name on your return and I don't even think this is legal to do.
    Third: Her being on tax return will not justify anything for USCIS. You will need to show you can support her with I-864.

    Fourth: You can send you W-2 as evidence pending your 2019 tax return filing.
    05/08/20: I-485, I-765, I-131, I-944 sent to USCIS
    05/13 Rejected due to lack of I-864
    05/27 resubmitted with explanation
    06/03 Rejected again-same reason
    06/13 Resubmitted with I-864
    07/07 Lockbox emailed back and ask to resubmit
    07/09 Filings accepted with PD 05/08/20 (nice)
    08/06 Prior biometrics applied to I485
    08/28 Took biometrics for I-765 only
    09/28 I-765's Cards Ordered
    10/02 EAD/AP received
    04/12 Interview Sched
    05/11 Interview done approval on the spot but no USCIS update online

    Comment


    • #3
      You cannot file as Single but you can file as Married Filing Separately. Married Filing Separately may result in worse taxes, but you can amend it to Married Filing Jointly later, either together with an ITIN filing when your spouse is ready to apply for an ITIN, or with your spouse's SSN when they get their SSN. According to Form 1040 instructions, when you file as Married Filing Separately with a spouse who doesn't have an SSN or ITIN, you can write "NRA" in the space for your spouse's SSN/ITIN. Right now it is before the due date for 2019 tax returns, so you can send your 2018 tax return as your most recent year's tax returns, but they may ask for the 2019 tax returns soon when the deadline (July 15) passes.

      This is my personal opinion and is not to be construed as legal advice.

      Comment


      • #4
        Originally posted by newacct View Post
        You cannot file as Single but you can file as Married Filing Separately. Married Filing Separately may result in worse taxes, but you can amend it to Married Filing Jointly later, either together with an ITIN filing when your spouse is ready to apply for an ITIN, or with your spouse's SSN when they get their SSN. According to Form 1040 instructions, when you file as Married Filing Separately with a spouse who doesn't have an SSN or ITIN, you can write "NRA" in the space for your spouse's SSN/ITIN. Right now it is before the due date for 2019 tax returns, so you can send your 2018 tax return as your most recent year's tax returns, but they may ask for the 2019 tax returns soon when the deadline (July 15) passes.
        You are correct. I meant to say Married Filing Separately. There are other rules that apply when your spouse is not a US citizen and not living in the country. Check with IRS for more details. I have filed without adding my wife and kid while they were living abroad. Then, I used ITIN when they came here until I was able to change their status that allowed them to have SSNs.
        05/08/20: I-485, I-765, I-131, I-944 sent to USCIS
        05/13 Rejected due to lack of I-864
        05/27 resubmitted with explanation
        06/03 Rejected again-same reason
        06/13 Resubmitted with I-864
        07/07 Lockbox emailed back and ask to resubmit
        07/09 Filings accepted with PD 05/08/20 (nice)
        08/06 Prior biometrics applied to I485
        08/28 Took biometrics for I-765 only
        09/28 I-765's Cards Ordered
        10/02 EAD/AP received
        04/12 Interview Sched
        05/11 Interview done approval on the spot but no USCIS update online

        Comment


        • #5
          As everyone says, you'll need to file MFS. The only way to file MFJ would be to take a 6013 election (not sure if G or H) but I don't think she'll meet the criteria for either. Also, the ITIN unit with the IRS has been shut down so even when you do apply for an ITIN, expect a significant delay.

          Comment


          • #6
            Originally posted by NYC2India View Post
            As everyone says, you'll need to file MFS. The only way to file MFJ would be to take a 6013 election (not sure if G or H) but I don't think she'll meet the criteria for either.
            If one spouse is a US citizen or tax resident, they can always treat the other nonresident spouse as resident and file as MFJ. There is no "criteria". They can do this even if the other spouse has never been to the US.

            This is my personal opinion and is not to be construed as legal advice.

            Comment

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