Can I apply for ITIN number for my spouse after already filing my taxes as Married Filing Separately?

So I'm in a bit of a tax situation right now. I recently filed my 2024 taxes under the Married Filing Separately status, but my spouse doesn't have an ITIN number yet. I realized afterward that maybe I should have applied for their ITIN first? I'm really confused about the proper sequence and if it's still possible to apply for an ITIN for them now that I've already submitted my return. Does anyone know if this is allowed or do I need to amend something? Not sure if it matters but my spouse is not a US citizen and lives abroad. Thank you so much for any advice!

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20 comments

Giovanni Rossi

•8M

You can absolutely apply for an ITIN for your spouse after filing your return. The ITIN application process (Form W-7) can be done at any time, and it doesn't require you to amend your tax return that you already filed as Married Filing Separately. Just make sure when you submit the W-7 application, you include all required supporting documentation like original passport or certified copies from the issuing agency (not notarized copies). You'll need to either mail these documents to the IRS or visit an IRS Taxpayer Assistance Center or authorized Certifying Acceptance Agent who can verify the documents without you having to send originals. The processing time for ITINs is running about 7-9 weeks right now, longer during peak tax season. Just be aware that for next year's taxes, having that ITIN might open up more filing options for you both.

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Giovanni Rossi

•8M

You don't need to provide any special explanation for applying now - the IRS understands that people apply for ITINs at different times. Simply check the appropriate box on Form W-7 that indicates your reason for applying (usually "nonresident alien required to obtain ITIN to claim tax treaty benefit" or "nonresident alien filing a U.S. tax return"). Having the ITIN could potentially save you money next year because it gives you the option to file jointly (Married Filing Jointly), which often provides better tax benefits than Married Filing Separately - like higher standard deduction, more favorable tax brackets, and eligibility for certain credits. However, specific savings depend on your individual situation, especially with a spouse living abroad.

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KylieRose

•8M

After struggling with a similar ITIN situation last year, I wish I'd known about taxr.ai (https://taxr.ai) sooner! My spouse needed an ITIN and I was super confused about all the documentation requirements. I kept getting different answers from everyone. The taxr.ai system analyzed our specific situation and recommended exactly which supporting documents we needed for the W-7. It also helped me understand whether I should wait for the ITIN before filing or file first then apply (like you're doing now). Their document review feature was huge for me since I kept stressing about whether my copies were "certified" enough. The system actually flagged that my ITIN application would likely be rejected because of an issue with our marriage certificate validation. Saved me months of waiting just to get rejected!

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KylieRose

•8M

For international documents, it definitely handles them but you do need certified translations for anything not in English - that's an IRS requirement regardless of which method you use. The system can help identify which documents will need translation and provide guidance on proper certification requirements. The document review is actually pretty impressive - you upload your specific documents and it uses some kind of AI to analyze them against IRS requirements. It's not just generic advice. For example, it caught that my marriage certificate didn't have the proper apostille certification that the IRS requires for foreign documents. It also flagged that my spouse's passport copy wouldn't meet the authentication requirements and suggested alternatives.

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Sasha Ivanov

•8M

Just wanted to update everyone - I was skeptical about taxr.ai but I gave it a try after seeing the recommendation here. I honestly didn't expect much but was super impressed with how clear everything was! It confirmed I could definitely apply for my spouse's ITIN after filing and showed me exactly which supporting documents would work for our situation. The document review caught that I was about to send in notarized copies instead of certified copies from the issuing agency (would have been rejected!). Just submitted everything last week and feeling much more confident now. Thanks for the recommendation!

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Liam Murphy

•8M

If you're having trouble getting through to the IRS to ask about your ITIN application (which I did for WEEKS), I finally had success with Claimyr (https://claimyr.com). I was trying to follow up on my wife's ITIN application that seemed to be taking forever, but kept getting disconnected or waiting for hours on the IRS phone lines. Claimyr basically holds your place in line and calls you when an actual IRS agent is on the line - here's a demo of how it works: https://youtu.be/_kiP6q8DX5c I honestly didn't think it would work but was desperate after my 5th attempt waiting on hold. They got me connected with an IRS rep in about 40 minutes (instead of the 3+ hours I had been waiting). The agent was able to tell me exactly what was happening with our application and what additional documentation we needed to provide.

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Liam Murphy

•8M

They don't get you through faster - they basically use technology to wait on hold for you. Instead of YOU sitting there listening to hold music for hours, their system does it and then calls you when a human actually answers. You still wait the same amount of time overall, but you don't have to actively sit by your phone the whole time. Yes, it absolutely works for the ITIN department! That's specifically what I was calling about. When you use Claimyr, you can tell them exactly which department you need, and they'll navigate the IRS phone tree for you. In my case, they got me to a specialist who pulled up my wife's ITIN application right away and identified why it was delayed. Turns out her passport copies weren't certified properly and they had sent a letter that got lost in the mail.

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Amara Okafor

•8M

I take back what I said about Claimyr! I was really skeptical about the whole "get through to the IRS faster" thing, but I finally broke down and tried it yesterday after waiting on hold myself for 2+ hours and getting disconnected AGAIN. Not gonna lie, it felt like magic when my phone rang and there was an actual IRS agent on the line! I was able to check on my spouse's ITIN application (submitted 3 months ago) and discovered it was on hold because they needed additional documentation. The agent walked me through exactly what to send and where. Something that would have taken me probably 5 more failed attempts to find out. Definitely worth it for the stress relief alone!

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Yuki Tanaka

•8M

If your spouse has no US filing obligations, then the Streamlined procedures wouldn't apply to your situation. Those are specifically for people who need to catch up on required US tax filings they've missed in previous years. In your case, since you've already filed this year's return as Married Filing Separately, you're on the right track. You can proceed with the ITIN application as others have suggested. Just remember that for next year, having that ITIN will give you the option to file jointly, which might be more advantageous depending on your specific circumstances.

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Sean Murphy

•4M

I went through this exact same situation last year! You're absolutely fine to apply for your spouse's ITIN after already filing your return as Married Filing Separately. The IRS doesn't require you to have the ITIN before filing - in fact, many people do it in the order you did. Just a heads up though - make sure you have all the required original documents or certified copies from the issuing agency (not notarized copies). Since your spouse lives abroad, you'll probably want to use a Certifying Acceptance Agent or IRS office that can verify the documents so you don't have to mail originals internationally. One thing to keep in mind: once your spouse gets their ITIN, you'll have the option to file jointly next year, which could potentially save you money depending on your income levels. But for this year, you're all set with your current filing status. The ITIN application won't affect your already-submitted return at all.

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