My wife does not have a SS number She's not legal yet what can I do to file my taxes with her since we are married and she doesn't work help please

[robertoccruztorr]

Help please

[Opus 17 · Accepted solution]

If your wife is a US resident, but not eligible for a green card or SSN yet, she needs an ITIN (international tax ID number).  You can file jointly but you can't e-file.  Leave her SSN blank and print your tax return.  Download form W-7 from the IRS web site -- application for an ITIN.  Fill it out and mail the W-7, any proofs required, and your tax return to the address on the W-7 instructions, not the normal tax return address for your state.  If the tax return won't even print without an SSN, use a fake one like 999-99-9999 and then white it out before mailing it to the IRS.

[robertoccruztorr]

She has no Income also

[Opus 17]

You can still file jointly and she still needs an ITIN.  If she had income in the future, she would use the ITIN for that once you get the letter assigning one to her.

[robertoccruztorr]

I will have to ask her because I don't think she has ever had any income before do U know where we can find that ITIN

[Opus 17]

If she already has an ITIN, add it to your tax return in place of the SSN.  If she does not have an ITIN, you will apply for it using a form W-7 stapled to your tax return and mailed to the IRS.  The IRS will mail a letter back telling you what her ITIN will be for the future.

[robertoccruztorr]

She is not a resident yet she has a passport and a traveling visa

[robertoccruztorr]

Thanx I will check with the IRS have a good day

[Opus 17]

If your wife is a non-resident alien: you have two choices.  

1. You file married filing separately and report only your income and deductions.  She can't be your tax dependent because she is not a US resident for tax purposes.  If she had no US income she does not have to file a separate US tax return.  For your married filing separate return, she does not need an ITIN.  But you can't e-file, you have to print your return, write "NRA" in the space for her tax number, and mail your return to the IRS.

2. Or, you can make an election to treat her as a US resident for tax purposes.  You can then file jointly, but you have to report any income she earns anywhere in the world and pay US tax on it, although there is a credit you can take for taxes she pays in other countries.  She needs an ITIN to file jointly with you.  You would apply for her ITIN with the form W-7 as described above.  https://www.irs.gov/individuals/international-taxpayers/u-s-citizens-and-resident-aliens-abroad-nonr...

Joint filing is usually better in the US but if she has outside income she owes tax on it in the US which might be a concern.