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ITIN for spouse after filing 2019 tax return as single

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  • ITIN for spouse after filing 2019 tax return as single

    Hello everyone
    I came to the United States on student visa in 2014, I am originally from Saudi Arabia, my visa expired on September 2018 I got married by September of 2019, and graduated by the end of 2019. My wife filled her 2019 tax return as single because I do not have a social security or ITIN at the begging of this year with an agency. Unfortunately the agency never told us to apply for an ITIN at that time. I applied for ITIN in 2016 before I got married and got declined, they sent me IRSN number and that was it. We would like to apply for an ITIN and amend her taxes but we could not find an agency who can do both process. Please direct me in the right direction or share your experience.
    Thank you

  • #2
    did you already apply for adjustment of status, if you did then the IRS won't issue an ITIN! Otherwise, you need to schedule a face to face appointment with the IRS and apply for one, that's how I did mine before applying for AOS

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    • #3
      It was incorrect for your wife to have filed her 2019 tax returns as Single. Since she was married as of December 31, 2019, she needed to file as Married Filing Jointly or Married Filing Separately. She needs to amend her taxes ASAP. If she files as Married Filing Separately, she does not need an ITIN for you. If she files as Married Filing Jointly, your ITIN application and the tax return need to be submitted together, which means you either need to mail in your actual passport with the tax return, or go to one of the IRS taxpayer assistance centers that can certify passports for ITIN (I am not sure if they are still open). Or she can file as Married Filing Separately for now and amend it to Married Filing Jointly later when it is more convenient to apply for an ITIN or when you get an SSN.
      Last edited by newacct; 06-18-2020, 04:18 PM.

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

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