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Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 28082
Experience:  Taxes, Immigration, Labor Relations
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I married in 2015 and my wife came on a k1 visa.

Customer Question

I married in 2015 and my wife came on a k1 visa. She received her green card in December 2015 and then filed for a social security number but has not received her social security number yet. I'm filing married jointly this year. I have employer health insurance I buy but she has no health insurance. Is she required? How do I handle this on my taxes for her? In turbotax, they are trying to charge a penalty of $207 a month for every month in 2015 even though she didn't arrive until June.

Submitted: 8 months ago.
Category: Tax
Expert:  Lev replied 8 months ago.
As long as you were married on the last day of the year - Dec 31, 2015 - you are considered as married for the whole 2015 and you are eligible to file a joint tax return with your spouse.You do need to have the SSN for your spouse in order to file the tax return...If you do not have it yet - you might want to file for extension as my understanding you will receive her SSN as a matter of days.There are some statutory exemptions from the requirement to have minimum essential coverage.Specifically - if the person was Not lawfully present in the US for some time of the year as your spouse - she qualifies for the exemptions.That exemption is claimed on form 8965.Questions?
Customer: replied 8 months ago.

She applied for the social security number in December 2015 and they said it would take 4 weeks. It did not come in 5 weeks so she went back and they said apply again in case it was lost. It has been 6 weeks now and still did not arrive so I'm not so hopeful. It would seem to me that if they don't supply the ssn, they shouldn't be able to penalize because she can't work without the ssn. I know that's not how the country works though. It is not required that I file an extension, right? Her permanent resident card says resident since : 12/21/15.

Expert:  Lev replied 8 months ago.
You are not required to file for the extension - that is your choice.It is recommended - but not required.But regardless - you would not be able to file without tax ID.The SSN serves as tax ID in this situation.There would not be penalty for late filing as long as you do not have any tax liability.So be sure - if you calculate the tax liability on your 2015 tax return - that amount due is paid by Apr 15, 2016Based on your information - you need to communicate with the SSA and have her SSN assigned.

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