Spouse resident alien for tax purposes with no income and no SSN

Forum|Forum|2 years ago
April 9, 2024
1 reply
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My spouse is resident alien for tax purposes; however, she hasn't had any income, she doesn't not work and didn't apply for SSN even though she is eligible for it. Besides applying for SSN (we had no enough time for this), how can I fill taxes?

mglauner

You can file as Married Filing Jointly and mail in your return, with a Form W-7 attached to apply for an ITIN for your spouse.

Here's options and instructions for Filing Taxes with an NRA Spouse.

Jose Angel-MartinezAuthor

Dear MarilynG1,

Thanks for your reply. I still have a question: When I downloaded the form W-7, it says that "Don’t submit this form if you are eligible to get, a U.S. social security number (SSN)". My wife is eligible for SSN. So, it is legal to go ahead and apply for the ITIN even though that warning?

Vanessa A

Since the form says do not file if you are eligible for a SSN and your wife is eligible for a SSN, then you should not file for an ITIN. You can apply for the SSN and file an extension for your taxes.

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