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Level 3
January 5, 2023
Solved

Just married on a K-1 visa, Waiting for SSN. How to file?

I married last (2022) year using a K-1 visa. I'm US citizen. My wife and his son are still in the process of Adjustment of Status and waiting for a social security number. On forms I-765 and I-485, we checked "YES" in the following question:

"Do you want the SSA to issue you a Social Security card?"

 

For 2022 taxes, do I file jointly, separately, as head of the household, etc?

What is the best route to go?

I understand that ideally I should file "Married filing jointly".

But how can I do that without SSN?

 

I have read some postings talking about the ITIN and form W-7.
However, the form W7 is pretty clear about the ineligibility:
"Don’t submit this form if you have, or are eligible to get, a U.S. social security number (SSN)."

Please refer to this topic for further details about the option to get ITIN while waiting for SSN:

https://ttlc.intuit.com/community/taxes/discussion/is-it-possible-to-file-w7-to-get-itin-nu[product key removed]ng-for-ssn/00/2810410

 

On the other hand, I read about the option to file as "Head of the household" but this is not really my situation because we are married since June 2022. I understand that I will have better deductions with "Married filing jointly".

 

So, what are my options here? Is Turbotax considering this situation?
Will the software allow me to continue without populating the SSN/ITIN?

Is requesting an extension the only way to proceed?

DoninGA
DoninGAAnswer
Level 15
January 5, 2023

Wait for the Social Security number to arrive, file an extension if necessary.  Once the SSN is received you can file as Married Filing Jointly.

2 replies

Critter-3
Level 15
January 5, 2023

You WAIT for the SS# to be issued  PERIOD.  Go on extension if needed but you cannot file a return without a SS# or an ITIN. 

DoninGA
Level 15
DoninGALevel 15Answer
Level 15
January 5, 2023

Wait for the Social Security number to arrive, file an extension if necessary.  Once the SSN is received you can file as Married Filing Jointly.