My wife will get SSN end of this year. Can I file Married Filing Jointly for 2020 tax?

[h79211]

Hi, my wife lives in out side of US.

She's been waiting for her green card interview, and she will do the interview October 14th 2021.

Since, she may get her ssn in the end of this year, can I file 2020 tax return with penalty in the end of this year with out any problem?

We married March 2019, but I had to file as single for 2019 tax because she did not have ssn.

Thank you.

[GeorgeDenseff]

If you owe no taxes or will be getting a refund, there is no penalty for filing later in the year.

[SundayInSalem]

The IRS will stop accepting e-filed returns soon after October 15 so if you wait, you may have to file by mail.

You can file a married filing separate return for yourself (not single) and e-file an amended 2020 return once your wife gets her Social Security number. See How to I amend my 2020 return?

Amend 2019

You should amend your 2019 income tax return. Married taxpayers can file married filing jointly, separately or in some rare cases as head of household if they support dependent children.

If you are married on the last day of the year, you cannot file single.

To amend your 2019 return in TurboTax see How do I amend my 2019 return?

You can elect to file joint even if your spouse was a nonresident alien and did not live in the US. If you file jointly, your spouse’s worldwide income will be included on the US tax return. If your spouse had little or no income, you may actually save money by electing to file together.

See Nonresident Alien Spouse.