SSN for K2 kids

[Mike & B 0]

This is a bit of a long shot but worth asking.....I am in the US on a K1 visa with my children on a K2 with me. I've received my SSN which is great and was told that my children are not eligible to get one until they receive their Greencards. However the service agent at the Social Society Office mentioned getting a number for my children for tax purposes only but he didn't go into details. Does anyone know of a way for me to register or apply for a number for my kids in order to claim for them on mine and my husbands tax return?? Any help or tints is welcome....thank you Visa Journey family!!!

[payxibka 10,047]

This is a bit of a long shot but worth asking.....I am in the US on a K1 visa with my children on a K2 with me. I've received my SSN which is great and was told that my children are not eligible to get one until they receive their Greencards. However the service agent at the Social Society Office mentioned getting a number for my children for tax purposes only but he didn't go into details. Does anyone know of a way for me to register or apply for a number for my kids in order to claim for them on mine and my husbands tax return?? Any help or tints is welcome....thank you Visa Journey family!!!

IRS FORM W-7 look it up, fill it out

Not a K-1 visa process topic... moving thread

Edited January 28, 2011 by payxibka

[TracyTN 237]

Here's a link to what payxibka mentions

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

And as an FYI - it's the social SECURITY administration, not the social society office.

[YuAndDan 153]

SSA, tends to only issues numbers to people that are authorized to work.

K-1 is considered work auth for the 90 days of I-94, The other K-Visas (K2,K3, K4) are not.

IRS does not need SSN of children if being claimed as dependents, IRS will issue an ITIN if a number is needed for filing taxes.

K-2 can get SSN once thay have either EAD or Green-Card.

This is explained in the guides:

As a holder of a K2, K3 or K4 visa you must first have an EAD from the USCIS. You will be required to

show this to the SSA agency to be eligible to receive a SSN.

http://www.visajourney.com/content/ssn

[SunDrop 59]

We filed an I-765 (EAD application) for my 11 year old, so we could get her SSN.

You would have to do a W-7 to request a tax ID number for the kids to claim EIC for them. I believe, but not 100% so hoping someone will confirm, this means you have to mail your return instead of e-filing.

[SunDrop 59]

K-1 is considered work auth for the 90 days of I-94, The other K-Visas (K2,K3, K4) are not.

True, by the SSA. USCIS does not however. A beautiful example of 2 government agencies working stupendously well alongside one another. lol

Eventually, the SSA will probably amend their regs to reflect the USCIS' changes. Until then, the SSA make it look like you're work eligible as a K-1 on their guidelines. Doesn't say anything anywhere about USCIS trumping SSA...

[YuAndDan 153]

True, by the SSA. USCIS does not however. A beautiful example of 2 government agencies working stupendously well alongside one another. lol

Eventually, the SSA will probably amend their regs to reflect the USCIS' changes. Until then, the SSA make it look like you're work eligible as a K-1 on their guidelines. Doesn't say anything anywhere about USCIS trumping SSA...

I suspect SSA will always issue K-1 a SSN no mater what. I beleive this was stipulated by USCIS, to overcome an issue in law. There is a federal law on the books that has to do with "Dead Beat Parents" it requires anyone applying for a "License" to have an SSN, this law makes no distinction as to what licenses require it and which do not. Some states strictly interpret this law and will not issue a marriage "License" unless both parties have SSN, kind of hard for a K-1 to get a marriage license and marry if they don't have SSN in this case.