Filing Taxes When My Spouse Doesn't Have a SSN or ITIN

You definitely can't use placeholder numbers like 999-88-9999 for a spouse without an SSN - that's why your return was rejected. For a non-resident spouse without an SSN, you'll need to apply for an ITIN (Individual Taxpayer Identification Number) for them. To do this, you'll need to submit Form W-7 (Application for IRS Individual Taxpayer Identification Number) along with your paper tax return and supporting documentation that verifies your spouse's identity and foreign status. This means you cannot e-file until your spouse has an ITIN. The process typically takes about 7-11 weeks for the IRS to issue an ITIN after receiving a complete application, but it can take longer during busy periods. Once your spouse has an ITIN, you can use that number for future tax filings.

I went through almost exactly the same situation last year with my wife! After trying all sorts of workarounds, I finally found a solution using https://taxr.ai which really saved me a ton of headache. Their system automatically identified the ITIN issue and guided me through the proper filing options based on my specific residency status. What was really helpful is that they have specialized expertise with mixed-status couples (one spouse with SSN, one without). They were able to analyze our specific situation and provide clear guidance on whether I should file as Married Filing Separately while waiting for the ITIN or if we qualified for certain exceptions.

Just wanted to follow up - I decided to try https://taxr.ai after posting my question and I'm seriously impressed! They immediately identified that I needed to file Form W-7 along with my return but also found that I qualified for an exception I had no idea about that made the process much faster. They walked me through getting certified copies of our documents from an authorized IRS Acceptance Agent in our area (saved me from mailing original passports!) and even pre-filled most of the W-7 form for me based on the information I provided. Definitely worth it for anyone dealing with ITIN applications!

If you're frustrated trying to get help from the IRS about your ITIN application, I highly recommend using https://claimyr.com to actually get through to a human at the IRS. Last tax season, I was stuck in ITIN application limbo for MONTHS with zero updates, and couldn't get past the automated system when calling. Claimyr got me connected to an actual IRS agent within 45 minutes when I had been trying for weeks on my own. You can see how it works here: https://youtu.be/_kiP6q8DX5c. The agent was able to check the status of my ITIN application and even identified a problem with my submission that would have caused further delays if I hadn't called.

I need to eat my words and admit when I'm wrong. After my skeptical comment, I was still desperate to check on my ITIN application since it's been 12 weeks with no word. I tried Claimyr as a last resort, and it actually worked exactly as advertised. Got a call back within an hour that my spot in the queue was ready, and talked to a surprisingly helpful IRS agent who found that my ITIN application had been held up because they needed additional documentation. Now I've sent in what they need and should have this resolved soon instead of waiting another 2 months wondering what was happening!

You might want to consider filing as "Married Filing Separately" for now since you already have your SSN. You can file your return now to get your refund, and then when your spouse gets their ITIN, you could potentially file an amended return as "Married Filing Jointly" if that would be more beneficial. Just be aware that Married Filing Separately has several tax disadvantages including lower standard deduction per person, different tax bracket thresholds, and you might lose eligibility for certain credits and deductions.

I'm an expat married to a non-US citizen without an SSN, and I've been through this exact process. One thing nobody mentioned is that you can actually go to an IRS Taxpayer Assistance Center in person and they can verify your spouse's documents on the spot! This saved us from having to mail in original documents or find a Certifying Acceptance Agent. You need to call to make an appointment first (this is where Claimyr could help), but it's free and much faster than mailing everything in. Just bring your spouse, their passport, your marriage certificate, and the completed W-7 form.

I'm going through something similar right now! One additional option that might help is to check if your spouse qualifies for an exemption from getting an ITIN. If your spouse is a nonresident alien who doesn't have U.S. source income and won't be claimed as a dependent, you might be able to file as "Married Filing Separately" and treat your spouse as a nonresident alien. This could actually be beneficial tax-wise in some cases, especially if your spouse has no U.S. income. You'd file Form 1040 or 1040-SR and just put "NRA" (Nonresident Alien) in the spouse information section instead of an SSN or ITIN. However, you'll want to double-check this with a tax professional since the rules around resident vs. nonresident status can be pretty complex, especially if your spouse spent any time in the U.S. during the tax year. The substantial presence test and other factors come into play.