Do we need to request ITIN for nonresident spouse if he has a previous SSN he got while on a student visa a while back?

[menguy-charles]

I am a US permanent resident, and married last year to a non-resident. My spouse has no ties to the US currently, not employed by a US company, not living in the US. 

My spouse was here in the US legally a few years ago on a J-1, and while on J-1 got a SSN. But since then, my spouse has only worked in his home country and has not used the SSN.

2 questions regarding our situation:

• We want to file jointly this year - do we need to request an ITIN for my spouse, or can we reuse my spouse's old SSN for tax purposes?
• While filing jointly, we want to use the foreign earned income deduction since my spouse has not earned anything in the US. Do we need specific papers to prove that, or just having the numbers from my spouse's foreign pay stubs are enough?

[Vanessa · Accepted solution]

If his SSN is still valid then you can still use it.  If it is no longer valid, then you would need to request an ITIN for your spouse. You will need to contact the Social Security Administration to find out if his SSN is still valid. 

You will just need to have the numbers from his pay stubs, however, be sure you keep these as proof of income/taxes paid. 

https://www.ssa.gov/agency/contact/phone.html

[menguy-charles]

How do you know if a SSN is still valid or not? I was told that if you get a SSN once it is the same number for life, and I do not see an expiration date on my spouse's SSN card.

[Vanessa]

It should be valid forever, however, you can call SS at the contact phone number above to verify. or you can just file and if it goes through then you know it is valid.  If it is rejected, then you would need to call the SSA to check the status.