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How to Efile when my spouse does not have a SSN and is not eligible for ITIN

Hello all,

 

Here is my situation.  I married my foreign spouse last October in the U.S. (K1 visa) and would like to file my tax return jointly.  We applied for the Green Card and SSN at the same time (big mistake) in November and are still waiting for both to arrive.   She does not work so filing jointly will save me some good coin.  She is not eligible to file the W7 for an ITIN since she is eligible for a SSN and has already applied for the SSN.  It appears that my options are 1) send a printed copy of my taxes to the Feds and State and write in "NRA" in the place where we would enter her SSN.  I do not like this particular option as such returns take a long time to process (sometimes years) and maybe I am more likely to have an audit or some pages get lost.  2) File an extension for my taxes with the hopes that we will receive her SSN in time before extension expires which I believe is likely and then file electronically.  I think such extension raises the likelihood of an audit as well?  Also, just curious when I file a federal extension does it automatically file an extension with my state or do I have to to that separately?  I just want to know what some of the thoughts of the pros are on this and if there are any other options I may have missed.

 

  Regards

 

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2 Replies
RobertB4444
Employee Tax Expert

How to Efile when my spouse does not have a SSN and is not eligible for ITIN

@dvallee40  File the extension.  You haven't missed anything.  Just wait for the Social Security number to arrive and then file the joint return.

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How to Efile when my spouse does not have a SSN and is not eligible for ITIN

Thanks - yeah thats why I plan to do.  Although I need to file via Form 4868 via mail as, similar to filing taxes online, Efiling this form will not work.

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