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I got married last year and my wife is still waiting for her

Customer Question
immigration to be processed so...
I got married last year and my wife is still waiting for her immigration to be processed so she still doesn't have a SSN. I'm doing my taxes through turbotax online, I filed married, filing separately, because she doesn't have any income to report, but it still asks me for a SSN. What do I do?
Submitted: 8 years ago.Category: Tax
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Answered in 29 minutes by:
2/1/2009
Tax Professional: Lev, Tax Advisor replied 8 years ago
Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 30,619
Experience: Taxes, Immigration, Labor Relations
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Does you wife currently in the US?

Did she receive approval for a green card?

 

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Customer reply replied 8 years ago
No my wife is still overseas awaiting her visa and immigration interview
Tax Professional: Lev, Tax Advisor replied 8 years ago

This would be more beneficial for you to file married filing joint return. You may apply for ITIN for your wife at the same time you file the return.

To do so, you need your wife to sign tax documents and send them by mail (e-file will not be available in this case).

You may apply to ITIN at the time you file tax return. Attach this form to your return and mail both together. You will not be able to file electronically.

Because you are filing your tax return as an attachment to your ITIN application, you should not mail your return to the address listed in the Form 1040, 1040A or 1040EZ instructions. Instead, send your return, Form W-7 and proof of identity documents to: XXXXX XXXXX Service Austin Service Center ITIN Operation P.O. Box 149342 Austin, TXNNN-NN-NNNN/p>

 

You may find additional information about ITIN here - http://www.irs.gov/individuals/article/0,,id=96287,00.html including what documents are acceptable as proof of identity and foreign status.

Do not mail any original documents! Notarized copy of my Wife's passport would be OK. Include copy of her passport with visa, copy of married certificate.

 

Please let me know if you need any help.

 

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Customer reply replied 8 years ago

My wife is applying for a SSN at the time of her visa application, so I think it will be better to wait until she has her SSN, because it says there that you cannot have a SSN and ITIN. And I thought it would be better to file separately because we lived apart all last year and she has no income to report. Is this correct?

Tax Professional: Lev, Tax Advisor replied 8 years ago
<p>If you are married on the last day of the year - you may file joint tax return as a married couple.</p><p>Because your wife has no income - it would be more beneficial to file jointly - so you will have full deductions for yourself and for your spouse - and get better refund.</p><p> </p><p>As your wife will receive a green card after she comes to the US - she is not eligible for SSN yet - and that would be absolutely correct to apply for ITIN.</p><p> </p><p>You may file a separate tax return - agree - but later after your wife will receive SSN - you may amend your return and get a full benefits.</p><p> </p><p> </p>
Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 30,619
Experience: Taxes, Immigration, Labor Relations
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Customer reply replied 8 years ago
Ok thank you for your help!
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