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Obtaining ITIN for US Taxes

StellaArtois

Hero Member
Aug 4, 2019
218
62
Alberta, Canada
Category........
FAM
Visa Office......
New York
NOC Code......
3213
App. Filed.......
24-05-2019
AOR Received.
13-07-2019
File Transfer...
08-08-2019
Med's Request
16-07-2019
Med's Done....
23-07-2019
Passport Req..
26-10-2020
VISA ISSUED...
23-11-2020
LANDED..........
06-12-2020
I'm not sure if anyone has any similar experience, but we really want to make sure we file taxes correctly. We're pretty confident about doing it properly on the Canadian side, but having some issues on the US side...

I am a Canadian citizen living in Canada, sponsoring my husband for PR. He is a US citizen, still living in the US awaiting approval. We want to file "Married, Separate", but we also want to claim an exemption for which we qualify - I have no income in the US, I am not filing a tax return in the US, I am not a dependent of anyone in any country, and I am married to a resident US citizen as a nonresident alien. However, in order to claim this exemption, I need to obtain an ITIN since I do not qualify for a US SSN. This is where we are having some difficulty.

The vast majority of information sources tell us I need to obtain the ITIN before he files his taxes, but in the requirements for obtaining the ITIN, it states a tax return needs to list me. (source: https://www.irs.gov/pub/irs-pdf/iw7.pdf specific statement: "The individual must be listed on an attached U.S. federal tax return with the schedule or form that applies to the allowable tax benefit")

How do I prove to the IRS that I need to obtain an ITIN without my husband's tax return? All I could think of was maybe sending in our marriage certificate... Does anyone else have experience obtaining an ITIN specifically to claim this exemption? Any help is greatly appreciated.