Tax question for my husband if i am on a K-1 visa?

Question

I have been residing in U.S since May 2006, am currently waiting for approval of i-485 resident visa status(applied in August 2006 but then case got sent to another processing centre) and my husband is wanting to file his taxes as "married filing jointly" , however i do not as yet have a social security number and this seems to be a requirement. What should he do?

Answer 1

To file a joint return with your husband you must have either a SSN or an Individual Taxpayer ID Number (ITIN).

You can apply for an ITIN using Form W7. Here's a link: http://www.irs.gov/pub/irs-pdf/fw7.pdf If you wish, you may attach the completed W7 to your joint tax return (leave the space for your SSN blank) along with the required proof of identification. The IRS will process the Form W7 first and then apply your ITIN to the tax return and then process the return.

If you file a joint return with your husband, you are subject to US taxation on your world-wide income.

If you do not get a SSN or ITIN, your husband will have to file Married Filing Separately. This will substantially increase his tax burden.