I just want to know if we can file using that SSN or should I apply for ITIN?
Yes, you can still use the SSN and your husband can be a resident alien for tax purposes. You don't need ITIN for him.
You can find more information here:
He is not a resident alien so I can still use his SSN? And he no longer has permission to work with that SAN?
No, he would be no longer able to file using that SSN.
To file this return jointly, please follow these steps.
1. Attach a statement to your tax return, signed by both spouses, that states that one spouse is a nonresident alien and the other is a U.S. citizen or resident alien, and you are choosing to both be treated as US residents for the tax year.
2. List the name, address and Social Security number (or Individual Taxpayer Identification number) of each spouse. You will need to complete a Form W-7, Application for IRS Individual Taxpayer Identification Number (ITIN) (http://www.irs.gov/pub/irs-pdf/fw7.pdf). This form will be attached to your tax return. Turbo Tax does not support the Form W-7. You can complete it outside of Turbo Tax. You will have to print, sign and mail your return in if you are using Form W-7. If you haven't received an ITIN or Social Security number prior to filing, leave the Social Security number blank and you will need to file this return by mail.
3. For the first year you make the choice, you have to file a joint return. In later years you can file joint or separate returns. Married Filing Jointly will give you a higher standard deduction and has other benefits that are not available using a married filing separately status, but you do have to include your spouse’s worldwide income in joint income.
Mar 3, 2021 at 4:26 PM