Form w7 - My spouse is waiting on her green card, but no SSN.

[tphuynh85]

Hi,

I am asking for my tax returns for 2021. I recently got married and we have a filed a for a green card. I tried to apply for a SSN but the office denied it because we are waiting on the green card. Can I submit an ITIN application early and without a 2021 tax return? 

[Opus 17]

No.  If your spouse is eligible for a social security number, never apply for an ITIN or file a tax return with an ITIN.  It is better to wait for the SSN and then file your return, even if it is late.  

[tphuynh85]

Thank you sir!

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