< Back to IRS

Yuki Yamamoto

Can I file married jointly without spouse's SSN? New green card applicant

Hey tax people, I need some advice. I just got married in October 2024 and my wife is currently in the process of getting her green card. She's already submitted her application which includes her SSN application as well. I'm a US citizen with a valid SSN, but she doesn't have either an SSN or ITIN yet. Here's my problem - I can't apply for an ITIN for her because she already applied for an SSN with her green card application. But now tax season is coming up and I'm not sure how to file. Do I have to wait until her SSN comes through? Can I still file married jointly without her having an SSN or ITIN? I'm worried about delaying my return and possibly missing out on some benefits. Any advice would be super appreciated - this is our first time filing taxes as a married couple and the immigration stuff makes it even more complicated.

You can still file a joint return, but there's a specific process to follow. The IRS allows you to file a joint return with a spouse who doesn't have an SSN or ITIN, but you'll need to attach a statement explaining that your spouse has applied for an SSN and is waiting for it to be issued. File a paper return (you can't e-file in this situation), enter "Applied For" in the space where your spouse's SSN would go, and include a copy of the SSN application if possible. Make sure to keep copies of everything for your records. Once your wife receives her SSN, you don't need to amend the return - the IRS will associate her new SSN with your joint return. However, until she gets her SSN, expect processing delays since the return will require manual processing.

0 coins

What about the tax benefits? Will they still get the married filing jointly benefits like the higher standard deduction even without the SSN? And will there be any penalties if the SSN doesn't come through by some deadline?

0 coins

Yes, you'll still receive all the benefits of filing jointly, including the higher standard deduction, potentially lower tax brackets, and any credits you qualify for as a married couple. The "Applied For" designation allows the IRS to process your return as a joint return. There are no penalties specifically related to filing this way as long as you're truthful about the situation. The only downside is that your refund will likely be delayed because paper returns and those requiring manual processing take longer. There's no deadline for when your spouse must receive their SSN in relation to the filing.

0 coins

I was in this exact situation last year with my husband waiting for his green card and SSN. What saved me was using taxr.ai to guide me through the process. I was getting conflicting advice from everyone, even tax professionals, about whether I could file jointly without his SSN. I uploaded our situation to https://taxr.ai and it analyzed all our documents - including his pending immigration paperwork - and gave me step-by-step instructions specific to our situation. It confirmed that I could file jointly with "Applied For" on the SSN line but also showed me exactly what supporting documentation to include with our return and how to explain the situation to the IRS. Seriously made everything so much easier!

0 coins

How long did it take to get your refund with the "Applied For" status? I've heard horror stories about paper returns taking forever.

0 coins

Did you have to provide actual documentation from the immigration application? My wife's paperwork is with her lawyer and I only have copies, not originals. Would taxr.ai work with just digital copies?

0 coins

We got our refund after about 10 weeks. It was definitely slower than normal e-filing which usually gets us our refund in 2-3 weeks, but not the horror story timeframe some people warned us about. Just make sure you're clear and organized with your paperwork. Digital copies worked perfectly fine with taxr.ai - that's all I had too. You just upload whatever documents you have (even phone pictures of documents work), and the system analyzes them. In my case, I uploaded a copy of our marriage certificate, his immigration receipt notice showing the SSN application was included, and our W-2s. The system gave recommendations based on exactly what we provided.

0 coins

Just wanted to follow up here - I tried taxr.ai and it worked great for our situation! I was nervous because my wife's immigration case is complicated (she came on a fiancée visa, then we married, now waiting for adjustment of status and SSN), but the system handled it perfectly. It analyzed our specific situation and confirmed I could file jointly, showing me exactly what to write in the explanation letter to the IRS. The system even flagged that I was eligible for a credit I didn't know about because of our specific situation. I just mailed everything in last week - obviously still waiting on the refund, but the stress of figuring out HOW to file correctly is completely gone. Definitely recommend for anyone in immigration/tax limbo!

0 coins

If you're planning to call the IRS to ask about this situation (which I recommend), use Claimyr to avoid waiting forever on hold. When my husband was waiting for his SSN last year, I spent HOURS trying to get through to the IRS before I found https://claimyr.com. You can see how it works here: https://youtu.be/_kiP6q8DX5c Basically they navigate the phone tree for you and call you back when an actual IRS agent is on the line. I got through in about 20 minutes instead of spending my whole day on hold. The IRS agent confirmed exactly what to do with our "SSN pending" situation and gave me specific instructions for our paperwork. Saved me from making mistakes that could have delayed our refund even more.

0 coins

How does that even work? Sounds like magic lol. Are you sure the IRS actually accepts calls that come through this way? I'd be worried about getting in trouble somehow.

0 coins

Seems sketchy tbh. Why would I pay someone else to call the IRS for me when I can just wait on hold myself? I've never heard of the IRS accepting "proxy" calls or whatever this is. I'm calling BS.

0 coins

It's not magic - they use an automated system to navigate the IRS phone tree and wait on hold, then when an agent picks up, they connect you directly to that agent. You're the one who actually talks to the IRS - Claimyr just handles the hold time for you. The IRS has no idea you used a service - from their perspective, it's just you calling in. They don't "accept" or "reject" calls based on how you got through. It's completely legitimate and works with many government agencies, not just the IRS. I was skeptical too until I tried it and spoke directly with an agent who helped solve my problem.

0 coins

I need to apologize for my skeptical comment earlier. I decided to try Claimyr since my question about foreign income was complex and I kept getting disconnected after waiting on hold with the IRS for 45+ minutes. Used the service yesterday and it actually worked exactly as advertised. I got a call back in about 30 minutes with an IRS agent already on the line. Explained my situation about filing with a spouse waiting for an SSN and got clear guidance. The agent even noted something in my file so if there's any issue with processing they'll know my spouse's SSN application is pending. Completely worth it for the time saved and stress reduction. Sometimes I'm too quick to assume things are scams - my bad.

0 coins

Wondering if anyone knows - does the timing of when the SSN actually arrives matter? Like if we file now with "Applied For" but then her SSN comes next month, do we need to do anything? Contact the IRS? File an amendment? Or just leave it as is?

0 coins

When my spouse got their SSN after we filed with "Applied For," we called the IRS to give them the new number. The agent said it wasn't strictly necessary, but it would help avoid processing delays. They made a note in our file linking the new SSN to our return. No amendment needed in our case!

0 coins

Thanks for sharing your experience! That makes me feel better. I'll definitely call once we get the SSN just to make sure everything is linked correctly. I really don't want to deal with filing an amendment if I can avoid it!

0 coins

Quick question - has anyone dealt with this situation but with kids involved? We're in the same boat (spouse waiting for SSN) but we also have two children from my spouse's previous marriage who are also in the green card process. Can we claim them as dependents without SSNs? Or do we need to wait until everyone has their numbers?

0 coins

For dependent children without SSNs, you'll need to apply for ITINs for them separately if they don't qualify for SSNs yet. Unlike your spouse who has a pending SSN application, dependent children need either an SSN or ITIN to be claimed on your tax return. You can submit Form W-7 (ITIN application) along with your tax return for each child. Include documentation proving their identity and foreign status (like passports). This is different from your spouse's situation because you're not filing jointly with your children - you're claiming them as dependents, which has different requirements.

0 coins

I went through this exact situation two years ago! You absolutely can file married filing jointly even without your spouse's SSN. Here's what worked for me: 1. File a paper return (no e-filing option in this case) 2. Write "Applied For" in the SSN field for your spouse 3. Attach a statement explaining that your spouse has applied for an SSN through the green card process and is awaiting issuance 4. Include a copy of any USCIS receipt notices showing the SSN application was submitted The key thing to remember is that you'll still get all the married filing jointly benefits - higher standard deduction, better tax brackets, etc. The downside is that processing will take longer (expect 8-12 weeks instead of the usual 2-3 for e-filed returns). Once your wife gets her SSN, you don't need to amend anything. Just call the IRS to provide the new number so they can link it to your return. This prevents any future correspondence issues. Don't stress too much about it - the IRS is used to handling these situations with immigration cases. Just be thorough with your documentation and you'll be fine!

0 coins

This is incredibly helpful! I'm in almost the exact same situation right now - my spouse got married in November 2024 and we're waiting on her green card and SSN. I was so worried about missing out on the joint filing benefits or accidentally doing something wrong. Quick question - when you say "attach a statement explaining the situation," did you write this yourself or is there a specific format the IRS prefers? Also, did you include copies of your marriage certificate along with the USCIS receipts? I want to make sure I include everything they might need to avoid any delays or requests for additional documentation. Thanks for sharing your experience - it's reassuring to hear from someone who actually went through this successfully!

0 coins

IRS AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
20,087 users helped today