Can I file taxes jointly if my wife is still waiting for her visa and does not have a SSN?

Question

We have been married for 1 year now. My wife's immigration was approved but we are still waiting for her visa so that she can move here. Therefore, she has not received a SSN yet. Can I file jointly and if so how?

Answer 1

Yes, you can file a joint return but special rules apply. You and your spouse must agree to be taxed on your world-wide income and you must attach a joint statement to your return, signed by both of you, to that effect. That election stays in force for subsequent years until revoked by either of you or either of you die.

If she does not have a SSN, she must apply to the IRS for an Individual Taxpayer Identification Number (ITIN) using form W7. This cannot be done electronically as proof of identity must be attached to the W7. It must either be mailed to the address on the form or hand-delivered at any IRS office. According to the instructions on Form W7, you can attach it to your tax return when you file it. The IRS will process the application first, add her ITIN to the return, and then process the return.

Here are some links:

Non-resident alien spouse: http://www.irs.gov/businesses/small/international/article/0,,id=96734,00.html

Taxpayer Identification Numbers: http://www.irs.gov/businesses/small/international/article/0,,id=96696,00.html

Form W7: http://www.irs.gov/pub/irs-pdf/fw7.pdf

Answer 2

yes you can the only extra thing that you will have to do is file a form w-7 which will be a request for a tax identification number for your wife since she does not have a ssn. Usually you had to file this and send it by paper, but i believe they allow these forms to be e filed for this year.

Answer 3

I don't think so, in my experience the IRS won't file a return without a ss # -- don't know if it's the same for immigrants -- you should check their website for details http://irs.gov

good luck.

Answer 4

No.