Hello All,
A bit of conflicting information - so would a bit of clarity.
I am a U.S. Citizen - residing in US and earning here. I got married outside of the U.S. in 2021 and have filled my spouse for an immigrant visa (will take 1-2 years, possibly more).
I am filing my taxes now as "Married filing Separately" as my Spouse does not have an ITIN.
My questions:
1) Can I file as MFS now, and amend my return later once she gets her SSN after 2 years? How does the refund process work?
2) Would filing as MFJ now be a better idea? If so - How can I apply for ITIN and make sure to get it before the tax due date?
Issue with ITIN: I filled for Visa with her new married name, and her passport is in her maiden name (Marriage certificate is proof of name change). Is this okay? Or will she need to update her passport (a long process in her home country).
Can I apply for ITIN and MFJ concurrently, or do I need ITIN before filing?
Any advise on how to proceed would be appreciated.
