Ready to Finalize K-3, but first do my taxes

[fescobar 0]

Greetings Visa Journey

Well its been a while now since my wife came over from Mexico and I had a question I did not know where to post it or not and not sure if anyone can help me out here so I am also looking for help to this question elsewhere.

I need to finish my tax filling ASAP to finish paying the Visa Process.

Since she's here on a K-3 and I not yet with a SSN, I was looking to get her an ITIN. But I was reading on the IRS website that if they are eligible to get an SSN then they cant get the ITIN. We have been married for a whole year already and she has been legally my dependent since she has not and obviously cant work here yet. Is there anything I can do whats your advice?

Thanks in advanced

[Darnell 8,478]

she is not eligible to get a SSN, sorry, as she's a K-3 visa holder.

You two will have to file the AOS packet, or at a minimum the EAD app, to get a SSN.

In the meantime, HEY - she qualifies to file the ITIN paperwork.

FWIW - the K-3 was finalized when the visa stamp was put into her passport -

what you NEED NEXT is an 'Adjustment of Status' .

[marriedtomrg 141]

She'd need proof from the SSA that she doesn't qualify for an SSN yet.

Funny enough, to do that, you guys have to go to the SSA and apply for an SSN (knowing that she will not get one). From there, the SSA system generates a form letter saying she doesn't qualify for an SSN yet.

When you get that letter, then you enclose that with your submission when you file your taxes with the ITIN application. (In case you didn't know yet, the ITIN cannot be applied for in advance. The completed application and supporting documents must be submitted with your tax return...so this also means you cannot e-file this year).

Pain the bum, I know, but you can expect a higher tax refund doing this.

[Darnell 8,478]

*** not a K-3 visa topic, moving to AOS/family forum ***

---

Hey - what's going on with the I-130 ?

Is possible to have interview in CJ, get CR-1/IR-1 visa, then come into USA again, get SSN about 2 weeks later. NO AOS REQUIRED (NO AOS fees, either)

If yer finished at NVC with the DS-230 and I-864, come on - time for another trip to CJ !!!

Edited January 25, 2011 by Darnell

[Nich-Nick 3,354]

Greetings Visa Journey

Well its been a while now since my wife came over from Mexico and I had a question I did not know where to post it or not and not sure if anyone can help me out here so I am also looking for help to this question elsewhere.

I need to finish my tax filling ASAP to finish paying the Visa Process.

Since she's here on a K-3 and I not yet with a SSN, I was looking to get her an ITIN. But I was reading on the IRS website that if they are eligible to get an SSN then they cant get the ITIN. We have been married for a whole year already and she has been legally my dependent since she has not and obviously cant work here yet. Is there anything I can do whats your advice?

Thanks in advanced

You will have to do a couple of extra steps this year. You do not need anything from Social Security saying she's not eligible.

• You will complete your joint tax return leaving a blank where a SSN or itin would go for your wife.
  
• You will write a statement saying you are a US citizen and she was a non-resident alien on the last day of 2010 and you both elect for her to be treated as a resident alien for tax purposes. That's required for her to file jointly with you as she is not a resident yet by immigration rules. But for the IRS, the statement will allow her to be considered a resident as far as filing taxes goes. Otherwise a non-resident can not file a joint return. You both sign the statement and each list you name, address, and id number (SSN and her A-number). Staple it to the end of your return.
  
• You complete a FORM W-7 ticking reason "e" and giving your name and SSN on the line beside it. You must provide identity with the w-7 and her passport will be enough. The IRS says this "If you submit an original valid passport (or a notarized or certified copy of a valid passport) you do not need to submit any other documents. If you do not submit a passport document, you must provide a combination of documents (at least two or more) that are current and that (1) verify your identity (that is, contain your name and a photograph), and (2) support your claim of foreign status."So rather than mailing her actual passport, get a notary to say it is an exact copy.
  
• Mail you tax return (signed by both), the statement, the W-7 and identity document to

Internal Revenue Service

ITIN Operations

P.O. Box 149342

Austin, TX 78714-9342

NOTE: This a special division and not where you would normally file your return. They will process the itin in Austin and add the itin number to the tax return you sent with it. Then the tax return will be processed. It will take a little longer.