My wife is working on her green card application. She has no tax ID number and no SSN yet and is not allowed to work. How do i finish my taxes? I cant get through the health section

[bine22]

did she submit the application? Since when is she in the US and on what visa?

[derekbarkalow]

all submitted last september 2016. there was a delay on the work permit thus she hasnt been able to work

[derekbarkalow]

been in the US since july 2016. i cant remember the visa type

[bine22]

what day in July?  I strongly suggest you file for an extension.

[derekbarkalow]

july 1st

[derekbarkalow]

How do I file for an extension? I made under 2000 during the last tax period and am a full time student and i fairly certain i dont owe any taxes as I didnt last year either

[bine22 · Accepted solution]

If you dont owe anything, you dont really need an extension.

Your spouse passes the substantial presence test for 2016, but she is a dual status alien. Dual status aliens cannot file a joint return. If she had no income after she came to the US, she would not have to file a return at all, otherwise a dual status return. You would file as married filing separately in this case.

You would have the option to treat her as resident alien for the entire year by adding a statement to the return making this election, but she would have to report worldwide income for the entire year on the joint return.

Anyway, you should wait to file your return until she receives her SSN.

[derekbarkalow]

Thank you very much for your help!