AOS and Taxes

[Kanani]

I have been married for 8 years and my US spouse has not claimed me at all
due to NO SS#. I wanted to know if this would be a problem when applying
for AOS or at the interview?
We have 2 kids and he has been filing as Head of Household.

Thank you so much for your help.

 

[jalmatu]

This should be fine. you can explain that you don't have social security #. Is there any other proof of commingling finance?

 

[TheRealCanadian]

I have been married for 8 years and my US spouse has not claimed me at all due to NO SS#. I wanted to know if this would be a problem when applying for AOS or at the interview?

He should have filed as married and requested an ITIN for you.

 

[Kanani]

He should have filed as married and requested an ITIN for you.

Can I apply for one for next year's taxes? and then files for AOS after that?
Will that be okay? Just don't want to be on the IO's hot seat at the interview

 

[Kanani]

bump

 

[Jackolantern]

Did you apply for EAD (I-765) with your AOS? With EAD you can get an SSN, and then use that when filing taxes next year.

Will that be okay? Just don't want to be on the IO's hot seat at the interview

With 8 years of marriage I presume you have accumulated enough evidence so the interview won't be a problem. Your problem (more likely your husband's problem) might be with the IRS for filing as Head of Household instead of married.

 

[Kanani]

No I haven't started the process yet.
I FOIA'd my I-94 and visa records with the state as
my passport and I-94 got stolen in '98.

Can i get a ITIN and file next year and then start the AOS process after that?
Yes I have accumulated enough evidence about the marriage, my main concern is about the taxes.