I filed head of household cause my wife is still getting her ssn do I need to send a w7 with my tax return or can I just send it in and wait for here ssn number to come?

[Mike9241]

sorry a spouse never qualifies as a dependent so you can not file as HOH using her as the dependent. if it was accepted you'll need to amend. 

Please provide info on your US citizenship status. you may be able to file a joint return. 

[Vanessa A]

No, you do not need to send in the W7 with your tax return if you have qualifying dependents to file as Head of Household.  You can apply for her ITIN or SSN separate from your tax return if you are not filing a joint return with her on it.  
 

Please note, you cannot claim a spouse as a dependent so your dependent would have to be someone in the link above that qualifies you for head of household status.  If you do not have one of these dependents, then  your only filing options are Married Filing Jointly or Married Filing Separately.  In both situations, your spouses SSN or ITIN must be included on the return in order to e-file. 

Since she does not have an SSN or ITIN if you choose to file Married Filing Separate ,you can try typing NRA in as your spouses last name.  Make sure you put a check mark in the box that says My spouse is a Non-Resident alien in the My info section. When you get to the end and try to transmit the return, ignore the e-file errors regarding your NRA spouse and select transmit your return. If that does not work you will need to print and mail your return and write NRA (Non Resident Alien) in the space for her SSN. 

If you file as Married Filing Separate, then you would only include your income. 

 If your spouse chooses to be treated as an US Citizen for tax purposes, and you want to file as Married Filing Joint, THEN you would need to include their income on your return as well and they would be taxed on it. If you choose filing jointly,  THIS IS WHEN you will need to print and mail your return along with the W-7 and any other required documents to the IRS (IF YOU DID NOT ALREADY APPLY FOR A SSN).  If she already applied for a SSN, you can not apply for an ITIN. 

Otherwise, if the Head of Household does apply to you or if you are married filing separately, you do not need to do the W7 with your return. 

How should I file my taxes if my spouse is a nonresident alien?

US. Tax Guide for Aliens

(Edited 3/4/2025 @ 5:01PM PST)

[Opus 17]

Too many assumptions in the previous answers.

Do you live with your wife?  You can't legally file as HOH.

Has your wife applied for an SSN?  If so, wait to file your tax return.  Do not file without your wife (unless you want to file as married filing separately, which usually has higher taxes) and do not apply for an ITIN.  Get an automatic extension, and wait to file until the SSN is assigned.

If your situation is something else, please explain further.  

[SusanY1]

If your wife is a nonresident alien (she hasn't met the substantial presence test yet) you can file Head of Household even if you live together if you have another qualifying dependent (as she can't be  your dependent for this purpose.) 

If she's eligible for a Social Security number (SSN), you can't apply for an ITIN on Form W-7. ‌ Since you indicate that you're waiting for her SSN, I assume this is the case.

If you are certain you qualify to file Head of Household (because you have another dependent) then you do not need to list any information about your wife on your return this year if that is how you prefer to file. If you'd rather file Married Filing Separately, follow Vanessa's instructions above (checking the box for Nonresident alien) and indicate that you do not want to treat your wife as a resident for tax purposes this year, then try to e-file. If the e-file is rejected, you'll need to file by mail. 

You may benefit from waiting for her SSN and filing a joint return, and extending your due date as Opus 17 describes above.  

[bailey-nicholas2]

We have a son she got to the usa in the middle of last year and the paperwork is taking way longer then I thought it would to get green card and ssn number turbotax software said to file head od household she doesn't have a job no green card yet and a new baby to take care of my son is the dependent.

[SusanY1]

With your son as your dependent, you can file Head of Household.  If you don't want to wait for your wife's Social Security number, then file now using the Head of Household status, and if it makes a difference in your overall tax amend to Married Filing Jointly after you receive the SSN for your wife. 

Amended returns take a number of months to process, but if you're due an additional refund it will be sent once you file that return. 

Otherwise, filing an extension and trying to wait it out is another acceptable route you can go.  

[Opus 17]

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@bailey-nicholas2 wrote:

We have a son she got to the usa in the middle of last year and the paperwork is taking way longer then I thought it would to get green card and ssn number turbotax software said to file head od household she doesn't have a job no green card yet and a new baby to take care of my son is the dependent.

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The taxpayer can file HOH if the spouse is a non-resident alien but not if the spouse is a resident alien.

@bailey-nicholas2 

You need to determine if your spouse is a resident alien or non-resident alien.  She is a resident alien if she passes the substantial presence test.

https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test

Assuming she did not spend any time in the US in 2022 or 2023, her status depends on exactly when she entered the US.  If she entered before July 1, and therefore spent 183 or more days in the US, she is a resident alien and you can't file as HOH.

Also, even if she entered the US after July 1 and is considered a non-resident alien, you will pay less tax if you wait for the SSN so you can file as married filing jointly instead of rushing to file as HOH.  Just make sure that if you don't get the SSN by April 15, you file an extension so you won't be considered "late" when you file.