if you have your EAD then you can apply for ITIN

my lawyer had me hold off on doing taxes because my husband did not get his EAD card till end of March- he has an appointment with ss office on 4/09 to apply and get one- his interview is this Wednesday April 7th- there is an extension on doing taxes so I’m filling after my husband gets his ss - my lawyer also said not to worry about filing because there was nothing I could have done - my interview was scheduled before the EAD card came so therefore nothing can be done for me at this time- hope this helps -

@AK Kolio yea there’s nothing you could have done. I think the taxes will then count when he is removing his conditions

@rocco he’s gonna be listed as my dependent because when Covid hit and shut down America he was told by his employer at the time I need to look out for the citizens before I can keep you- so it would be joint filed and him as my dependent since I paid for everything last year-as my lawyer said not to worry about it- I couldn’t change nothing

wow that’s wild! is what the employer said even legal?

@rocco was my husband even legal?? LOL just saying the employer is right-

I though Equal Opportunity guaranteed everybody rights to work so I think what the employer said wasn’t legal

thank you everyone! so how does she file her tax now? because to file as married filing separate will require my ssn which i dont have. it means she has to file as single, and won’t that hurt our case?

@rocco Equal opportunity works more in favor of someone who has an ss number opposed to someone not having one- I believe form I 485 asks have you worked in US without authorization? I sure hope you know the US is not stupid? especially if you have worked without paying taxes-

if they’re not in the US you file as married filing separatly. you keep your spouse’s SSN section empty and you just write RNA ( Non resident Alien). you can’t file them online you will have to mail them. I did my 2020 taxes the same way and I received my tax return like 3 days ago👍🏻

thank you Ch S! what if he is here? does it have to be the same way?

king Tee yep same way but there is 2 questions more about your spouse. first question is if your spouse files his taxes you have to say no and the other question is if they worked in 2020. if they’re in US you say yes if they had a job and no if they don’t work and if they live abroad you have to say no. I did a mistake on this one and put yes for the second question but IRS corrected it for me and sent me a letter because my husband lives abroad.

at ch s. how long does it takes IRS to process your paper filling?

I filed 2 yrs in a row jointly with my itin

@King Tee yes you can filed jointly taxes with ITIN number, yes you can apply for ITIN number but it takes so damn long, my husband filed his taxes last year in july 2020, in October we did an amended to file jointly, I received my itin number in February 2021 and still waiting for our reimbursement. This year we filed together in march with my ITIN and we already received the reimbursement.

okay Lisa Modhwadia, thank you!