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Does my wife qualify for a tax ID number (while waiting on SSN)?

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  • Does my wife qualify for a tax ID number (while waiting on SSN)?

    My fiancee came to US in September, 2018 on a K visa. We married in November, 2018. I was told that I could file for 2018 taxes as married. Last month we completed the i-485, i-765, i-131 and requested a SSN card on one of those forms.

    Is my wife qualified for a tax ID number while she waits on the SSN from the government? Or should we apply for the SSN now? I'm not sure if it's already in the works. The government websites are kind of confusing on that.

  • #2
    You should get ITIN if you can't get SSN. Because you already filed AOS and selected the option to get SSN, you should wait for SSN.

    I think your wife can't get SSN (even if you didn't select the SSN option) until she gets EAD.

    I don't know if you can file as married without SSN, you can check IRS site for information if you think the EAD/SSN approval will be after April 15.
    Nov 2018 - Package sent - EB - Texas Service Center
    Day 1 - Package received at lockbox
    Day 12 - Case/Fingerprint Fee Received
    Day 34 - Fingerprint appointment
    Day 104/105 - EAD - New card is being produced (principal/spouse & child)

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    • #3
      Originally posted by saugus View Post
      My fiancee came to US in September, 2018 on a K visa. We married in November, 2018. I was told that I could file for 2018 taxes as married. Last month we completed the i-485, i-765, i-131 and requested a SSN card on one of those forms.

      Is my wife qualified for a tax ID number while she waits on the SSN from the government? Or should we apply for the SSN now? I'm not sure if it's already in the works. The government websites are kind of confusing on that.
      She could have gotten an SSN during the 90 days when she was in K-1 status, but that is over now. She needs to wait until she gets her EAD or green card to get an SSN now.

      If she files taxes, and she doesn't have an SSN, she would apply for an ITIN together with the tax return filing. However, getting an ITIN is a pain, as she either needs to mail in her original passport, or go to an IRS taxpayer assistance center that can certify passports for ITIN purposes.

      Another option that avoids needing to get an ITIN is to file as Married Filing Separately for now, where you would put "NRA" in the place for her tax identification number, and your wife doesn't have US income so she doesn't need to file, and then when she gets an SSN, amend your tax return to change it to Married Filing Jointly.

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

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