substantial presence..should I still put NRA on 1040??

[tintin215]

Hey there!
Good day you all. Guys I have a problem and hoping you can give me answer. I came here in 2011 by k-1 visa got married within 90 days but since then we did not adjust my status yet.My problem is my spouse owe 4 years of tax and he is filing those 4 years now.Under the SSN or ITIN field in 1040 tax form it ask my number but I dont have neither.NRA has 2 tests by passing Greencard test and Substantial presence test.I definitely pass the substantial presence test ,so my question is,should I still put NRA under ssn or itin? I asked my spouse to call the IRS about this but he dont want to call ,I am thinking to call them but i'm afraid i'm gonna make mistakes.Please help me because we are going to submit our tax in a couple days.Thank you guys!

[inadmissible]

Edit: incorrect information removed

[rayb]

Apply for an ITIN using form W-7, and submit it with your joint tax return by paper-filing to the IRS Texas ITIN office.

Your husband is not responsible for your Adjustment of Status submittal. It is your responsibility to apply for Adjustment of Status You are currently a visa overstay, have no legal status, cannot legally work, and cannot reenter the U.S. if you have to leave for a family emergency in your home country.

--Ray B

Hey there!
Good day you all. Guys I have a problem and hoping you can give me answer. I came here in 2011 by k-1 visa got married within 90 days but since then we did not adjust my status yet.My problem is my spouse owe 4 years of tax and he is filing those 4 years now.Under the SSN or ITIN field in 1040 tax form it ask my number but I dont have neither.NRA has 2 tests by passing Greencard test and Substantial presence test.I definitely pass the substantial presence test ,so my question is,should I still put NRA under ssn or itin? I asked my spouse to call the IRS about this but he dont want to call ,I am thinking to call them but i'm afraid i'm gonna make mistakes.Please help me because we are going to submit our tax in a couple days.Thank you guys!

[inadmissible]

In hindsight, I was incorrect. Anyone who needs to file a return (or be claimed as a dependent) who can not get an SSN can apply for an ITIN. There is no need to be a non-resident alien for tax purposes. I was wrong.

Ray, even though it is her responsibility to file for Adjustment of Status, her husband needs to file an Affidavit of Support, right? Is there any way to avoid that? I assume she has not filed for adjustment because she does not have the supporting documents to for the I-864 (ie the tax returns), or she did file but failed to respond to an RFE requesting such.

[rayb]

INadmissible,

Regarding the Adjustment of Status submittal...
Many immigrant women assume (with some justification) that they have to wait for the petition (husband) to "man up" and put the Adjustment package together. Of course you are correct in that the petitioner must provide the signed I-864, which could be a "deal breaker" in its absence.

The way around this is to simply get a signature on the I-864, page 8 from the husband, then put the rest of the package together. Or if support docs are not available for the rest of the sponsorship proof from the petitioner, but she gets his signature, she needs to find a co-sponsor.

Of course, they must both show up for the Adjustment of Status interview (if there is an interview...not always).

--Ray B

In hindsight, I was incorrect. Anyone who needs to file a return (or be claimed as a dependent) who can not get an SSN can apply for an ITIN. There is no need to be a non-resident alien for tax purposes. I was wrong.

Ray, even though it is her responsibility to file for Adjustment of Status, her husband needs to file an Affidavit of Support, right? Is there any way to avoid that? I assume she has not filed for adjustment because she does not have the supporting documents to for the I-864 (ie the tax returns), or she did file but failed to respond to an RFE requesting such.