Have 2 kids born US and green card. Husband still hasen't gotten visa for US. File jointly? Or single?

[jfiler20]

I have a geen card. I got married to someone that does not live in US. He has never come to US so he doesnt have SSN. I have applied for his immigration visa  but still not processed.

I have 2 kids born in the US.

I want to file for taxes. There is no option for me.

I dont want to file married but filing separately since wont get any benefits, Child tax credit...

How do I file jointly without SSN?

[DanPaul02]

You can file as head of household.  You need to provide a home for your children and at least 50%  of the cost of the home.  Rent, utilities, groceries, etc.

[Critter-3]

If you wish to file jointly then you can apply for an ITIN with the return ...

Each person on the tax return needs either a SSN or ITIN number in order to successfully e-file.  The Individual Tax Identification Number, or ITIN, allows taxpayers who don't have a Social Security Number (SSN) to file income tax returns. Unlike other forms of ID, ITINs only have one purpose—tax filing and reporting.

Both resident and nonresident aliens may obtain ITINs regardless of immigration status. Nonresident and resident aliens, their spouses and dependents can apply for an ITIN if they are not eligible for an SSN. Here’s who might need an ITIN:

• Nonresident aliens who are required to file a tax return
• Resident aliens who are required to file a tax return due to the number of days they reside in the U.S.
• Dependents or the spouse of a U.S. citizen or resident alien
• Dependents or spouse of nonresident alien visa holders

Tax filers who live abroad can also obtain an ITIN.   Nonresident Alien Spouse - IRS options

How do I get an Individual Taxpayer Identification Number (ITIN)?   

[Opus 17]

Are we asking about a late 2020 return or planning for a 2021 return?

Head of household might be allowed if you have not shared a home with your spouse for all of the second half of the tax year.  However, if you returned to your home country and spent time with your spouse, that might defeat HOH.  I would be very cautious about that approach.

You can file a joint return if you apply for an ITIN for your spouse.  You would print your joint return and mail it to the IRS along with a form W-7 ITIN application.  You must include proof of identity as required by the ITIN application and your spouse must sign the printed tax return, so you may need to involve international mail or an express service to send those documents back and forth.  Once you get the signed W-7, the proof of identity and the signed tax return, mail them to the IRS office in the W-7 instructions.  After they issue the ITIN, they will forward the tax returns for processing. 

[jfiler20]

This is for 2020 return.

Remember that I'm doing my taxes for first time to claim the stimulus.

So if I visited my husband overseas for just 1 week, then that disqualifies me from applying as Head of Household? Seems unreasonable.

Applying for ITIN for spouse is an option, but it will take along time and work to validate spouse identity from my Embassy (embassy will require him send original passport from overseas to embassy which is not easy). Thus Head of household seems much easier and same benefits as filing jointly.

[Opus 17]

@jfiler20 

“Easier“ does not mean legal. And tax laws don’t have to make sense, just look at anything Congress does on a random day.  However, I double checked IRS publication 501 and there is a statement that pertains to non-resident alien spouses. You can qualify as head of household if your spouse was a non-resident alien for the entire year, and there is no mention of a rule that you must be maritally separated.  

(However, for resident aliens and US citizens there is a clear requirement that the spouses must live separately for the entire second half of the tax year. If they co-habit, even briefly, then head of household is not allowed.)