How to apply for ITIN for my foreign spouse after filing taxes as single?
Title: How to apply for ITIN for my foreign spouse after filing taxes as single? 1 So I'm in a bit of a mess right now and need some guidance. I married someone from another country last year and we're currently going through the visa process. When tax season rolled around, my tax preparer told me to just file as single since my spouse doesn't have an ITIN (Individual Taxpayer Identification Number) yet. I went ahead and did that, but now I'm realizing I need to get my spouse an ITIN. I'm super confused about how to proceed. I thought you could only apply for an ITIN when submitting tax returns, but I've already filed mine as single! Do I need to submit a new return? Do I need to amend my original return? Can I still apply for the ITIN separately somehow? This is so stressful and I'm worried I've messed everything up! Has anyone been through this process before who can help me figure out the next steps? I don't want to get in trouble with the IRS or delay our visa process any further.
19 comments


Arjun Patel
17 You still have options for getting your spouse's ITIN even after filing as single. While it's true that filing a joint return is the most common way to apply for an ITIN for a spouse, it's not the only way. You can still apply for an ITIN for your spouse using Form W-7 (Application for IRS Individual Taxpayer Identification Number). Since you've already filed your return as single, you'll need to establish a tax purpose for the ITIN application. You can do this by indicating that your spouse may need to file a tax return in the future or will be claimed as a dependent on a future return once their visa process is complete. You should gather the required documentation: original passport or certified copies from the issuing agency (or certain combinations of other documents). These will need to be submitted with the W-7 form. You can either mail these documents to the IRS (they will return original documents) or visit an IRS Taxpayer Assistance Center or authorized Acceptance Agent who can verify documents so you don't have to mail originals.
0 coins
Arjun Patel
•8 Thanks for the info! I'm in a similar situation. Quick question - if my spouse is still abroad, can I still apply for the ITIN? And since I filed as single for last year, will I need to amend that return once I get the ITIN or just wait until next year to file jointly?
0 coins
Arjun Patel
•17 Yes, you can still apply for an ITIN even if your spouse is abroad. The documentation requirements remain the same, but you'll need to work with certified copies of documents or coordinate with your spouse to temporarily send original documents. For your tax situation, you don't necessarily need to amend last year's return. Since your spouse wasn't a US resident and didn't have a tax ID number at that time, filing as single may have been appropriate depending on your specific circumstances. Once you obtain the ITIN and if your spouse becomes a US resident, you can file jointly for the current tax year.
0 coins
Arjun Patel
12 I went through something similar with my husband from Brazil. After struggling with ITIN paperwork and trying to figure out all the requirements, I found this online service called taxr.ai (https://taxr.ai) that was super helpful for my situation. They have a document review feature that scans all your ITIN application materials before you submit them. I was making some mistakes with the W-7 form that would have caused delays. Their system flagged some issues with my supporting documentation that I wouldn't have caught otherwise. They also have specialists who understand the unique situations of mixed-status marriages and can answer specific questions about your case.
0 coins
Arjun Patel
•6 Did they help with the actual application process too? I'm trying to get an ITIN for my wife and I'm worried about making mistakes. Also, did you have to send them your original documents?
0 coins
Arjun Patel
•3 I'm kinda skeptical about these online services. How do you know they're giving accurate advice? Did they actually solve your ITIN problems or just review documents?
0 coins
Arjun Patel
•12 They don't handle the submission process directly, but they provide step-by-step guidance and document review. I found their checklist feature particularly helpful for making sure I had everything in order. They don't require you to send them original documents - you just upload scans for their review. Regarding accuracy, I understand your skepticism! They have tax professionals who specialize in international taxation. In my case, they actually caught that I was using an outdated W-7 form and that my supporting letter didn't clearly state the exception category I was claiming, which would have caused my application to be rejected.
0 coins
Arjun Patel
3 Update on my ITIN journey - I finally decided to try taxr.ai after posting here, and I'm honestly glad I did. I was really skeptical at first (as you could probably tell from my question), but they actually helped me figure out that I was filling out the wrong exemption code on the W-7 form. The document review pointed out that the letter I drafted to explain my situation wasn't specific enough about why I needed an ITIN outside of tax filing season. They gave me a template to follow that addressed all the requirements. My application is now submitted correctly and I've already received confirmation that it's being processed. Definitely saved me from what would have been a rejection and weeks of delays!
0 coins
Arjun Patel
10 If you're struggling to get answers about your ITIN application status after submitting, I'd recommend using Claimyr (https://claimyr.com). I spent WEEKS trying to reach the IRS about my husband's ITIN application that seemed to be stuck in limbo. With regular calling, I literally could not get through - either got disconnected or was told the wait time was too long. Claimyr got me connected to an actual IRS representative in about 20 minutes when I had been trying for days. You can see how it works here: https://youtu.be/_kiP6q8DX5c. The agent I spoke with was able to look up our application status and explain exactly what was happening (turned out they needed additional documentation but the letter had been sent to our old address).
0 coins
Arjun Patel
•19 How does this even work? I've been calling the IRS for 3 weeks and just get the "due to high call volume" message and a hangup. Is this legit or just another way to get scammed while trying to deal with the IRS?
0 coins
Arjun Patel
•14 I dunno, sounds too good to be true. The IRS phone system is notoriously impossible. Even if you do "cut the line" somehow, wouldn't the IRS agents just refuse to help you if you're using some kind of third-party service?
0 coins
Arjun Patel
•10 It works by using their callback system to get you in the queue and then connects you when an agent is available. It's basically a way to avoid the endless redials and busy signals. Once you're connected, you're just talking directly to the IRS - the agents have no idea you used a service to connect. The IRS representatives don't know you used Claimyr - they just see an incoming call like any other. You're still talking directly to official IRS agents, answering the same verification questions, and getting the same service. The only difference is you didn't have to spend days redialing just to get into the queue.
0 coins
Arjun Patel
14 Just wanted to follow up on this thread. I was super skeptical about Claimyr (as you can see from my previous comment), but after another week of failing to reach the IRS about my ITIN issues, I gave it a shot out of desperation. I'm honestly shocked it worked. Got through to an actual IRS person in about 30 minutes instead of the LITERAL DAYS I had spent trying to call them directly. Turns out there was a processing issue with my wife's ITIN application because her name on her passport didn't match exactly how I had written it on the W-7 form (I used her middle name but her passport only had first and last). The IRS agent was able to update the record while I was on the phone. If I hadn't gotten through, we probably would've just received a rejection letter weeks later and had to start all over.
0 coins
Arjun Patel
5 Has anyone tried applying for an ITIN through a Certified Acceptance Agent (CAA) instead of mailing documents directly to the IRS? I've heard this might be faster and you don't have to send your original documents to the IRS. I'm in the same situation as OP and trying to figure out the best approach.
0 coins
Arjun Patel
•22 I used a CAA for my wife's ITIN last year and it was WAY smoother than trying to do it ourselves. The agent verified her original passport on the spot (so we didn't have to mail it), made sure all the paperwork was filled out correctly, and submitted everything. Got the ITIN number about 6 weeks later with no issues. Cost me $150 but worth every penny to avoid the headache.
0 coins
Arjun Patel
•5 That sounds like a good option, thanks for sharing your experience! Did you find the CAA through the IRS website? And did you still need to include a tax return with the ITIN application or were you able to just apply for the ITIN by itself?
0 coins
Arjun Patel
16 Just wanted to add something important that nobody mentioned yet - be careful with amending your return from single to married filing jointly after getting the ITIN. If your spouse is a nonresident alien, they generally can't file jointly with you UNLESS you make a special election to treat them as a resident alien for tax purposes. This election has pros and cons - it might lower your tax bill, but it means your spouse's WORLDWIDE income becomes taxable in the US. So if they have income in their home country, you'd need to report that too. Form 8840 is used for this election. Just something to consider before you rush to amend!
0 coins
Arjun Patel
•1 This is so important! I didn't know about the worldwide income thing and almost made a huge mistake. Do you know if this election is permanent or can you choose different filing statuses in future years?
0 coins
Demi Hall
•The election to treat your nonresident alien spouse as a resident is generally made year by year, so it's not permanent. You can choose different filing statuses in future years based on what's most beneficial for your situation. However, once you make the election for a tax year, you're stuck with it for that entire year and must report all worldwide income. You'd make this choice again each year when filing your return. It's definitely worth running the numbers both ways or consulting a tax professional who understands international tax situations before deciding!
0 coins