[walkerr06]

Hello everyone,

My fiancé is entering the US in October on a K1 visa, and we're trying to figure out all of the logistical issues we may have to contend with.

We are planning on filing for a social security number for him about two weeks after he's entered (per advice from others), but have heard that it can sometimes take several months to receive the actual card, depending on... well, it seems the whim of whichever social security agent gets his case.

My question is this: if he still hasn't received the card before the end of the year, nor his Employment Authorization, he won't have made any money in the US. However, we will have been married. Do I file jointly? Separately? Do I need to file for an ITIN for him before I file my taxes? Do we have to claim any of his income from the Netherlands (where he's at now)?

Thanks very much, I appreciate any assistance you can give us!

[MukatA]

A U.S. citizen or resident can file joint return even when the spouse is non-resident alien and has never been to the U.S.
So you can file joint return after you get SS number for your spouse. On the joint return you must (both of you) report your worldwide income.Your U.S. Tax Return: Filing Status for Married

[AtlantaTaxExpert]

You are mis-informed. If your soon-to-be spouse qualifies for a Social Security Number, he will get it within a few weeks of application. The "agent" has no say as to when it gets issued; he/she merely submits the paperwork.

[t8knbyluv101]

"You are mis-informed. If your soon-to-be spouse qualifies for a Social Security Number, he will get it within a few weeks of application. The "agent" has no say as to when it gets issued; he/she merely submits the paperwork."--- Yet again you are misinformed. If you haven't filed for a social security number yet, do it immediately. It will take longer than a few weeks; could be months to a year to receive a card because he just got approved for the visa I'm assuming based on the information. That means that when he applies for a social security card, he will first have to be assigned a number. Unfortunately SS doesn't just assign numbers ASAP to people with approved visas. It's a process that could be lengthy. You can check with DHS or USCIS to determine wait periods based on his specific status to determine how long it will take for ss to respond and assign a number. Average wait time for fiancé visas that applied for ss cards were about 6 months. Senior tax experts advice would be correct if he had been in fact a u.s. citizen but immigration process is a lot more complex than people tend to realize but then again you have already seen it I see:) the first guy was right about filing him as a non residentl Otherwise, if you try to do it with him present, he won't have proper identification and you wouldn't be able to file with him. Also, you could apply for an itin number, he will probably be rejected as they use those numbers for people who cannot obtain ss numbers for specific reasons, thus serving as an alternative number. With your husband not working in the u.s. he will have no reason to obtain an itin number. His passport and information with the proper forms will be sufficient enough plus supporting documents to file him as a non resident alien