1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.
  2. We are looking for volunteer moderators for the forums for various topics. If you are interested and feel that you have the experience for the same, please contact us with your name and topic of interest and your experience in the area in which you wish to volunteer. A moderator is required to visit the forum on a regular basis, control spam, report offending posters, provide recommendations for reorganizing the forums etc.
  3. US Immigration attorney, Rajiv S. Khanna hosts a free community conference call for US Immigration questions every other Thursday at 12:30 p.m, EST. You can post your questions in the conference call forum and dial into the call at (202)800-8394.

TD status getting a SSN?

Discussion in 'TN Status' started by belld001, Jan 6, 2007.

  1. belld001

    belld001 Registered Users (C)

    Hi, I am a TN holder working in New York and my wife just got her TD status. I wanted her to get a Social Security Card so I can file her with my income tax return and get her a driver's license; I was also sending her to a school, and I think that I need SSN to do all of these...

    On the SSN application form it said that for a person without working permit to get a SSN, he or she will have to submit a document from the institution proving that they require SSN to approve what he or she was applying for. In my wife's case, I guess that means that she will need a letter from DMV and IRS stating that they need SS office to issue SSN. In my view, this most likly won't happen...I can't imagine that DMV or IRS will issue a letter like this...

    Does any one have experience with this? Any suggestion will be welcome.

    Thank you.
  2. muhamm5

    muhamm5 Registered Users (C)

    Tax No

    hI

    THE SAME THING HAPPENED TO ME, Instead of SSN , you have to apply for a TAX number its a same 9 digit number starting with 9.

    Please apply to IRS for that, by sending copies of your wife driving liscence, and copy of i-94 , visa etc etc, and also down load a form there web site..
  3. belld001

    belld001 Registered Users (C)

    Thank you for a reply. Does any one know if we need a SSN to get a N.Y. driver's license?
  4. gunt

    gunt Registered Users (C)

    yes
  5. unsane

    unsane Registered Users (C)

    My wife is on TD though she did receive a SSN, did they mess up?
  6. gunt

    gunt Registered Users (C)

    no. though generally SSN are only given to people with work authorization. this was not always the case. in 2000 i got a SSN while on a student visa for example.
  7. belld001

    belld001 Registered Users (C)


    Thank you for your replies. I visited the IRS website and downloaded a W-7 application form for the ITIN.

    Am I reading the instructions right? My wife would have to first complete her 2006 tax return form then submit it together with the W-7? My wife and I file one tax return...does this mean that we should submit ours together?

    Does any one have experience with this? Any suggestion will be appreciated.
  8. Byteless

    Byteless Registered Users (C)

    What I did in that case last year that I filled the income tax and send the ITIN form for my wife with it. and later I received the letter which was containing the ITIN #. and then I filled the state tax.

    its up to you that you send the ITIN application now or with you tax return.
  9. bigboy00

    bigboy00 Registered Users (C)

    My wife would have to first complete her 2006 tax return form then submit it together with the W-7? My wife and I file one tax return...does this mean that we should submit ours together?

    -- Your wife, being on TD, most probably has no US income, since she is not allowed to work in the US. Therefore, you will file a joint tax return (married filing a joint return. In short, there will be no separate tax return for your wife). Then send that tax form along with the required form/paperwork that they ask for to get the ITIN.
  10. belld001

    belld001 Registered Users (C)

    Thank you for the reply. I will do as suggested.
  11. hafshik

    hafshik Registered Users (C)

    Hi I am a TN holder, working in San Diego, I got my TN on Dec 15th, 2006. and for 2 weeks in 2006. I am planing to get married some time this year. Should i file ITIN form for my future spouse with my 2006 Tax return ? May be i am asking a wrong question.
    My confusion is if i get married on Dec 15th,2007 and she get her TD by before the 2007 holidays. Can i still file my tax as married ? do she has to have the ITIN number before i file my 2007 tax. if so how can we get that if ITIN form required to first file that year tax return as asked by belled001.

    Thing is I have two options either to get married in august 2007 or December 2007. Our preference is December but we also want to save on tax by filing married tax.
  12. TheRealCanadian

    TheRealCanadian Volunteer Moderator

    Unless you were married on Deceber 31st, 2006 you cannot file as married and you have no basis to request an ITIN for her with your 2006 taxes.

    Yes, if you were married at 11:59pm on December 31st, 2007 you must file your 2007 as married.

    No, you request her ITIN with your 2007 return.

    Whether you get married on January 1st or December 31st makes no difference whatsoever, tax-wise.
  13. hafshik

    hafshik Registered Users (C)

    Yes, if you were married at 11:59pm on December 31st, 2007 you must file your 2007 as married.


    This rule apply, no matter where in the world i get married ? Will it effect on tax if she don't get her TD visa by December 31st, 2007.

    thanks
  14. TheRealCanadian

    TheRealCanadian Volunteer Moderator

    If the marriage is considered valid by the US government, then yes.

    Her immigration status and presence in the US is by and large separate from your tax status.
  15. hafshik

    hafshik Registered Users (C)

    And for California Stat tax, the same rule apply too ?

    Thanks
  16. hafshik

    hafshik Registered Users (C)

    Hello,

    Thanks a lot for info,

    I am filling up my W-4 form

    I am confuse should I chose my Filling status as

    Single or married because its says in a small note that

    Note. If married, but legally separated, or spouse is a nonresident alien, check the “Single” box.

    what should i do, as my wife either wont be in US at the end of the year or if we get married in August 2007 she be consider as Nonresident Alien because she wont full fill either GreenCard requirement nor 183 days presence requirment.

    any suggestion I did read some thing on IRS site

    Nonresident Spouse Treated as a Resident

    "If, at the end of your tax year, you are married and one spouse is a U.S. citizen or a resident alien and the other spouse is a nonresident alien, you can choose to treat the nonresident spouse as a U.S. resident. This includes situations in which one spouse is a nonresident alien at the beginning of the tax year, but a resident alien at the end of the year, and the other spouse is a nonresident alien at the end of the year.

    If you make this choice, you and your spouse are treated for income tax purposes as residents for your entire tax year. Neither you nor your spouse can claim under any tax treaty not to be a U.S. resident. You are both taxed on worldwide income. You must file a joint income tax return for the year you make the choice, but you and your spouse can file joint or separate returns in later years."

    Does that mean I can file as Married filling jointly given that i am married before the Dec 31st, 2007 and

    1) My wife is with me in us (but less then 183 days in 2007 tax year)
    2) She is not in US at all.

    your suggestion will be very helpful, as based on this we need to decide on our wedding date...

    Thanks

Share This Page