Married filing jointly, wife's green card and travel/ work auth are in process, doesn't yet have an SSN and isn't able to get an ITIN, how do i file without either?

gregory8818 · ‎June 6, 2019

ITIN application Form W-7 clearly states on the instructions, "Don't complete Form W-7 if you have an SSN or if you're eligible to get an SSN. You're eligible for an SSN if you're a US citizen or if you have been admitted by the United States for permanent residence or US employment." Once my wife's green card application OR her travel and work authorization have processed (which is taking F-O-R-E-V-E-R) she will be eligible for an SSN and thus she is currently ineligible for and ITIN. Any answer I can find says: 1) if your spouse doesn't have an SSN you have to request and ITIN. I haven't been able to find an clear answer for my question. I am a US citizen, my wife's application for her green card and travel/ work authorization is processing. It seems like we are in a gray area, either: get an ITIN to file taxes but that will make her ineligible for an SSN when her visa doc's process, or don't file jointly and have to pay. Please let me know if you can help. What am I missing?

KarenJ · ‎June 6, 2019

You may wish to consider mailing in extensions to file your return until 10/15/18 and include any balances due with the extensions. On the extension, in the place for your wife's SSN, you can write in "Applied For." You should keep a copy of the extensions. Hopefully, by October your wife will have received her SSN.

Since your wife is not currently eligible to apply for a SSN, you can still apply for an ITIN with your return should you wish to file now.

Married filing jointly, wife's green card and travel/ work auth are in process, doesn't yet have an SSN and isn't able to get an ITIN, how do i file without either?

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