social security card and tax filing woes.

[walkerr06 0]

Hi everyone,

So after two+ hours on the phone with the IRS yesterday, we figured out we could file our taxes jointly if we sent in a letter requesting Chuck be treated as a resident for this year only and included our social security numbers, etc. It feels good to have those things figured out and confirmed by a professional, but now we've hit another snag.

Chuck's I-94 expires tomorrow, and we hadn't yet applied for a social security card for him. Between finding a new place to move and planning all of that, spending two weeks in the hospital together, going on our honeymoon and going through all the other rigamarole necessary to comply with regulations (including re-sending our I-485 packet because the fees changed the day we originally submitted!), we just haven't had time. I'm not asking for sympathy, just explaining why we've kind of fallen down on this portion of our duties.

He went to the Social Security Office today and was officially denied a card, which means he can file for an ITIN, which we can then use when filing taxes.

Here's my question, though -- can he re-file for a SSN when he gets his EAD next month, even though his I-94 is expired? The office said something about renewing the I-94 and coming back when he gets his EAD to try again, but I wasn't aware that was possible. Or do we just need to wait for his green card before he can get an SSN?

Which is better, waiting for EAD and re-filing with SSN, or just going through the ITIN process? Has anyone had similar issues?

Thanks a bunch for all your help, VJers!

[Darnell 8,478]

You have until the 15th o April 2011 to file a tax return

so

IF you think he'll have the EAD in hand, prior to that date -

then

go in to a SSA office, EAD in hand, apply,

and then

come back 2 days later, GET THE NUMBER with the clerk - DO NOT WAIT ON POSTAL MAIL.

If any problem, you'll know, as well, 2 days later when you return.

EAD IN HAND is valid reason to apply for SSN, the I-94 expiration date won't matter, when/if the EAD CARD is in hand.

Good Luck !

Edited January 12, 2011 by Darnell

[walkerr06 0]

You have until the 15th o April 2011 to file a tax return

so

IF you think he'll have the EAD in hand, prior to that date -

then

go in to a SSA office, EAD in hand, apply,

and then

come back 2 days later, GET THE NUMBER with the clerk - DO NOT WAIT ON POSTAL MAIL.

If any problem, you'll know, as well, 2 days later when you return.

EAD IN HAND is valid reason to apply for SSN, the I-94 expiration date won't matter, when/if the EAD CARD is in hand.

Good Luck !

great! he is expected to get EAD sometime in February, so that would work for us. does he have to get a new card after getting his green card?

[Barbara J 115]

great! he is expected to get EAD sometime in February, so that would work for us. does he have to get a new card after getting his green card?

NO

[YuAndDan 153]

great! he is expected to get EAD sometime in February, so that would work for us. does he have to get a new card after getting his green card?

NO

To clarify this, Green-Card IS work authorization, no need for EAD after getting a green-card.

[walkerr06 0]

Right, I just didn't know if we needed a new social security card, I know the EAD isn't necessary after the green card. Thanks, though!

To clarify this, Green-Card IS work authorization, no need for EAD after getting a green-card.

[marriedtomrg 141]

He will probably be issued an SSN card that is stamped VALID FOR WORK ONLY WITH DHS AUTHORIZATION.

After he receives his green card, he can return to SSA and ask for a new card without this notation; it's not a requirement, but if it will make him feel better having a card without the notation, then he should go ahead and ask for it.

Right, I just didn't know if we needed a new social security card, I know the EAD isn't necessary after the green card. Thanks, though!

[YuAndDan 153]

Right, I just didn't know if we needed a new social security card, I know the EAD isn't necessary after the green card. Thanks, though!

The SSN card based on K-1, or EAD will be a restricted card, having "Valid with DHS Auth" stamped on it. After getting green-card, you will want to get that notation removed, by visiting SSA office.

It is also advisable to inform SSA of immigrations status change from Green-card to US Citizen too.

[Nich-Nick 3,354]

You can file your taxes using the SSN no matter what the card says, so don't wait on a new card from SSN before you file taxes if you're ready to file. Publication 519 from the IRS will give you tax filing information and even a sample statement for "electing" him to be treated as a resident alien for tax purposes. Page 10 if I remember correctly. Keep in mind, to file jointly you must declare worldwide income, meaning anything he earned in his country in 2010 converted to US dollars.

Tax filing deadline for 2011 is April 18. People who itemize deductions won't be able to file before mid to late February because the IRS will not have the new tax laws incorporated into their system before then. Stay tuned for updates if you plan to itemize.