K-2 questions

[grateful 0]

A few questions about children:

They arrived in the US in September. I understand that they cannot receive their SSN until the AOS is through, but that we can file for a tax number. Is this correct?

Can they be listed in my husband's income tax as dependents? He does his own, and it seems that they would have had to be here for 6 months out of 2005, but it is not clear. And, if not, do they have to be listed on the tax return?

Thank you.

[I'm Gone 60]

A few questions about children:

They arrived in the US in September. I understand that they cannot receive their SSN until the AOS is through, but that we can file for a tax number. Is this correct?

For them to be assigned a work authorized SSN you either spring for the EAD card or wait until the AOS is approved and they are issued an I-551 stamp or card.

In the meantime, just apply for an ITIN with IRS.

If not eligible to be assigned an SSN, Social Security offices can provide written notice using Form SSA-L676 to explain that an SSN cannot be assigned due to the applicant not having provided authorization to work in the U.S. or evidence of a valid nonwork reason for needing an SSN.

The following are valid nonwork reasons:

-- Receive Social Security benefits

-- Receive Medicaid

-- Temporary Assistance for Needy Families (TANF)

-- Food Stamps

-- State/Local General Assistance Benefits

The Internal Revenue Service (IRS) assigns individual taxpayer identification numbers (ITIN) to aliens for tax purposes who are not eligible to be 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 may also contact the IRS ITIN office by calling 1-215-516-4846.

You can find additional information on the IRS Website at:

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

Just be sure to contact IRS after the children are assigned an SSN if they are issued an ITIN.

[perfect 39]

We've just included our son on our tax submission. As he does not have a SSN because his EAD is not yet approved etc, we simply had to submit form W-7 along with its evidences to our tax man and let him do his stuff.

[grateful 0]

Thanks so much. I also discovered the answer to my second question. Since my husband and I are filing jointly, and the children have lived with me more than six months, even though part of that time was in Canada, we can claim them as dependents.