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Hi all

Im applying for my social security number so that we can file our taxes (by the way how long does it usually take to come through?).... but I noticed on the form I had to check "legal alien not able to work" as I dont have my green card yet.

Hopefully I should be getting my greencard in the next couple of months, so do I then apply to have my social security card amended to say Im allowed to work?

Is this the right way of doing it?

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Filed: Timeline
Hi all

Im applying for my social security number so that we can file our taxes (by the way how long does it usually take to come through?).... but I noticed on the form I had to check "legal alien not able to work" as I dont have my green card yet.

Is this the right way of doing it?

If you have K-1 status and have not been in the U.S. 76 days, you need to check the "Legal Alien Allowed to Work" box. For SSN purposes SSA considers a K-1 being authorized to work. If you have been here over 76 days you will need an EAD card or I-551 stamp or card and you aren't going to be assigned a non-work authorized SSN and will need to apply to IRS for an ITIN to use for filing your taxes.

If you are issued an ITIN, be sure to contact IRS once you are assigned an SSN.

A Form W-7, “Application for an Individual Taxpayer Identification Number,” needs to be submitted to receive an ITIN.

You can download a form W-7 from the IRS Website at:

http://www.irs.gov/formspubs/index.html

You can contact the IRS ITIN office by calling 1-215-516-4846.

You can find additional ITIN information on the IRS Website at:

http://www.irs.gov/individuals/article/0,,id=96287,00.html

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Thanks very much - very helpful. I checked the W7 form though and it says something about "Do not apply if your are eligible for a SSN card" which I am? So Im confused what to do :help:

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Filed: AOS (apr) Country: Canada
Timeline

If you haven't gotten an EAD or your green card yet, unless you got a SSN on your K-1 you are not eligible for a SSN... I filed for my ITIN.. it wasn't too hard... The easiest way is to fill out the form, get your passport or other documents (THey are listed with the form) and go to a Taxpayer assistance center.. Hopefully one wont be too far away! You will also need to file your taxes at the same time (a federal tax return is required with your W-7)...then when you get the number you can use it on your local and state taxes.. (I've asked like 3 irs ppl and got the same answer.. )

btw i dont know where mdyoung got that number from, but i have tried to call it before and i got nothing and a reverse phone lookup shows that it is a verizon cell number.. anyways you can also just call the IRS help number which is 1-800-829-1040.

Good luck!

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Filed: Timeline
btw i dont know where mdyoung got that number from, but i have tried to call it before and i got nothing and a reverse phone lookup shows that it is a verizon cell number.. anyways you can also just call the IRS help number which is 1-800-829-1040.

Good luck!

1-215-516-4846 is the ITIN office number. I called it Friday and I just called it again, so I know it works. This time of the year it can be hard to get through and you might be on hold for a while.

I would rather speak with the specific office than some tele-service rep at the general public number.

Thanks very much - very helpful. I checked the W7 form though and it says something about "Do not apply if your are eligible for a SSN card" which I am?

It means if you are currently eligible, i.e. have proof work authorization. I asked the ITIN office Friday and they don't require any proof from SSA that you aren't currently eligible to be assigned an SSN.

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Thanks for your help ! :thumbs:

Now Ive downloaded form W7 - and Im not sure which reason to put for submitting the form.

I came on a K1 (which incidentally runs out on february 18th, but Ive applied for AOS) and have been here more than 76 days, so which one do i check:

a - non resident alien required to obtain ITIN to claim tax treaty benefit

b - non resident alien filing a US tax return

c - US resident alien (based on days present in the US) filing a US tax return

d - Dependent of US citizen/resident alien

e - Spouse of US citizen/resident alien

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Filed: AOS (apr) Country: Canada
Timeline

They just made a copy of my id and then gave me a copy of everything that was submitted.. She didn't keep anything except the forms.. :-) And she looked over everything so i know it was correct which is kinda nice..

btw you will also need to pick a residency type for the tax form since you were only in the US for part of the year... There is a thread on VJ that is helpful for that

http://www.visajourney.com/forums/index.php?showtopic=321

It takes about 6-8 weeks to get an ITIN number back.. which is kinda long but not much you can do..

Good luck!

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Ok i have another question.. if it takes about 4-6 weeks to get the ITIN, when is it ok to apply for my SSN (I think I read somewhere youre not allowed to have both a SSN and ITIN).

I had my biometrics last week, and in Dallas the immigration office says the whole process for AOS should be 90 days so if thats the case my greencard would come through sometime end of March - do I then apply for SSN so I can work? Or will I have to wait untilthe ITIN number comes back before I can apply for SSN?

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Filed: Timeline
If it takes about 4-6 weeks to get the ITIN, when is it ok to apply for my SSN (I think I read somewhere youre not allowed to have both a SSN and ITIN).

You can apply for an SSN as soon as you have a work authorization document in your hand and if that was the case no one that was ever issued an ITIN could be assigned an SSN.

I had my biometrics last week, and in Dallas the immigration office says the whole process for AOS should be 90 days so if thats the case my greencard would come through sometime end of March - do I then apply for SSN so I can work? Or will I have to wait until the ITIN number comes back before I can apply for SSN?

Need the I-551 card to apply for an SSN, but you may be able to make an INFOPASS appointment and go in with the AOS approval notice and passport and get an I-551 stamp in you passport. That also can be used to apply for an SSN. However, we were told at the Baltimore, USCIS office that they will not stamp a passport that expires within 6 months.

The issuing of ITINs by IRS is totally seperate of SSA assigning SSNs, so go apply for the SSN as soon as you have the required documents, regardless of the status of the ITIN application. You just need to notify IRS after you are assigned an SSN if you are issued an ITIN.

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