Legal Question in Immigration Law in Oregon

My wife is in the process of getting a green card, but wont receive it until after the tax season. Do I need to apply for a ITIN number to claim her on taxes? Reason I ask is because it says on the irs website that you should apply for a ITIN number if you are not elegable for a SSN, however, she is in the process of getting her SSN with her green card. How do I go about this?


Asked on 3/24/15, 10:57 am

2 Answers from Attorneys
Philip Eichorn Hammond Law Group

It depends on the process she's using to get the green card. If she's adjusting status through you, then she's likely eligible for an EAD (employment authorization document) which upon receipt will allow her to obtain an SSN upon application. If she's applying for a green card in another manner, an EAD may be available through that process as well. Some clarification is needed to best guide you.

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Answered on 3/24/15, 11:44 am
Rahul Manchanda, Esq. Manchanda Law Office PLLC

Hello - please call me at 2129688600. Kind regards, RDM

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Answered on 3/25/15, 3:42 pm


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