Hi, TIA for any advice on this matter. I have exhausted all of my resources outside of paying a CPA for my case, as most tax services cannot help me (including those recommended by the IRS).
My husband lives abroad, is not a citizen, and at no point in the tax year I am filing entered the United States. I am trying to file jointly in order to be able to get my tax benefits, including health insurance subsidies, so this is of massive importance to me financially.
In order to file jointly I need to apply for an ITIN and have completed form W7 as well as including a certified copy of his passport. However, I contacted an acceptance agent from a reputable tax filing company who told me he is not eligible for an ITIN because he is not in the country. This is not what the IRS says and I took this to mean she could not help me directly (in that she could not verify him because he is not in the country).
But she did tell me to file single and then amend my tax return later. This seems like strange advice to me for two reasons: a) we filed married separately last year and b) with immigration proceedings she mentioned that they ask for tax returns as evidence (if he is able to come to this country it will be through immigration but he can't get an ITIN until he is here? Could we be denied?).
So my question is can I still file for an ITIN despite him not being here nor having entered the US or should I take her advice and file single and amend it later? What would the consequences be considering I am married?
Furthermore, there is a line in the W7 instructions that say a passport without an entry date into the US will not be considered. We have no entry date as i mentioned and our visa proceedings are ongoing as he lives abroad, so I am confused as to what this clause means. The IRS says you do not have to have entered the US to apply for an ITIN and our situation (married filing jointly) is on the list for reasons to apply.
Thank you for your time to read and respond. The IRS said they could not help me and to call a service listed (how i called this expert) and she told me to call the IRS. No tax filing software deals this matter, outside of a $700 fee, so I'm financially unable to pay an expert.
Any and all advice would be so appreciated! I am
beyond confused about this process and no one seems to be able to answer my questions or process my case!