My wife is a non-resident alien and on H4 visa. Her H4 EAD and hence SSN applications are pending. Should I apply for her ITIN or mail the return without SSN and ITIN?

[ashish_29_dec]

My immigration lawyer mentions "Your wife does not yet have a SSN, the SSN application is still pending as part of her EAD application which is still pending. Once the EAD is approved, she should receive her Social Security card within two weeks of the approval." I read on IRS publication of W-7 that if your SSN application is pending, don't apply for ITIN. I am confused as to what should I do.

[pk]

@ashish_29_dec , suggest  asking for extension to file  the return -- this will give you tile till Oct. 15th. to file your return -- hopefully by that time the  H-4 EAD situation has been resolved.  I agree that if an SSN application is in the works you do not want to muddy the water by also filing a W-7 ( application for ITIN).   From your post I am assuming that you are US citizen/Resident ( Green Card )/ Resident for Tax purposes ( work visa ).

Namste ji

[ashish_29_dec]

Thanks @pk

Is there any problem if I file for ITIN also and send my return before April 18? Is it complicate the situation when her EAD gets approved and she becomes eligible for SSN?

[pk]

@ashish_29_dec , while this may not be preferred way, I do not believe there would be any issue really -- the only issue may be if the IRS  becomes aware that you have a pending request for EAD and therefore are likely to be granted SSN.  ITIN is specifically for people that are not eligible for ITIN.  You can take a chance  and file for the ITIN while awaiting approval of  EAD so she becomes eligible for SSN  ( logic being that at this time you have no way of knowing that she will be approved for EAD ).

Good luck

Namaste