Can we filed our jointly income tax with one ITIN expired?Even though that person doesn't have an income?

[queenbeerry]

We are in the process of getting our SSNs, but it's getting longer than we expected. I didn't renewed my ITIN because in doing so, I would have to send my only ID on the mail, and would it take about 2 months to getting it back; I didn't want to risk losing it and it was so much needed for my process. My lawyer advised me to wait for my SSN, so my husband and I filed for an extension, which will expired soon. My husband's ITIN is still valid and he is the only source of income. We don't know what to do if I don't received my SSN before the due date to filed the extension. Please, advice.

[Critter]

Nope ... you must have a valid SS# or ITIN to file a return.  The lawyer is correct ... WAIT for the SS#.  If you are getting a refund waiting will not hurt you.  But if you will owe then he can file a separate return now and you will amend later however the new rules may hurt you if you do... this may be a time to talk to a tax professional to discuss your filing options because they can be confusing.

The Protecting Americans from Tax Hikes or PATH Act made several changes to the tax law, including preventing retroactive claims of the EITC and CTC by amending a return or filing an original return for any earlier year in which the individual or anyone listed on the return did not have a SSN valid for employment. You can't claim EITC or CTC unless the Social Security number for you, your spouse (if married filing a joint return) or a qualifying child is issued before the due date of the return including any valid extensions.

http://www.thetaxadviser.com/newsletters/2016/jan/congress-makes-changes-to-popular-tax-credits.html