Applying for his Tax ID Number?

[Cherieish 0]

Hi, I'm preparing the IRS's Form W-7 for my husband so we can get him a tax ID number for our taxes, and it has a field on there that says "Type of U.S. visa (if any), number, and expiration date." They also want some kind of documentation, and the example they give is a copy of his passport that shows the page with the visa on it. He came in on a K-1 visa, but it expired after 90 days. We filed for his AOS in December. So what would I fill in on this form? On his AOS form I put "applicant for adjustment" as his status, but I don't know if that's what the IRS wants. If I put his K-1 info and send them a copy of the visa on his passport, they'll see that it's expired, so I don't think I can use that...

[bigdog 376]

I think the I797 form with the A number or your EAD. The key is to apply for the Social while in K1 status, two weeks after you arrive in US.

[Cherieish 0]

I think the I797 form with the A number or your EAD. The key is to apply for the Social while in K1 status, two weeks after you arrive in US.

He doesn't have his EAD yet, we're still waiting on it. He isn't eligible to apply for a social, which is why we're getting a TIN instead. I guess I should applied for his TIN sooner, but there were so many other things going on at the time that I didn't think of it. I was thinking of using the i-767 that shows his i-485 has been accepted/is being processed, but there's no expiration date on that.

The instructions for the IRS form says "Enter only U.S. nonimmigrant visa information. Include the USCIS classification, number of the U.S. visa, and the expiration date in month/day/year format. For example, if you have an F-1/F-2 visa with the number 123456 that has an expiration date of December 31, 2012, enter “F-1/F-2,” “123456,” and “12/31/2012” in the entry space. Individuals in possession of an I-20/I-94 document(s) should attach a copy to their Form W-7." I'm not really sure how to apply that to our situation.

[Nich-Nick 3,354]

He could have gotten a SSN right after he got here. It's complicated to get an itin. Just hold off and get a SSN when EAD comes because it should be soon. Then use the SSN for the tax return. You have until April 17 to file. Getting the itin will slow down your tax return anyway so waiting on the SSN might actually end up with faster processing.

[Cherieish 0]

He could have gotten a SSN right after he got here. It's complicated to get an itin. Just hold off and get a SSN when EAD comes because it should be soon. Then use the SSN for the tax return. You have until April 17 to file. Getting the itin will slow down your tax return anyway so waiting on the SSN might actually end up with faster processing.

The consulate told him that he isn't eligible for a social unless he has permission to work - which he doesn't yet. That's a good idea about waiting for the EAD, it will hopefully be approved in a month or so. Thanks, I'll probably do that.

[grrrrreat 109]

The consulate told him that he isn't eligible for a social unless he has permission to work - which he doesn't yet. That's a good idea about waiting for the EAD, it will hopefully be approved in a month or so. Thanks, I'll probably do that.

That's not completely accurate. K-1s are eligible to file for an SSN, especially because many of them need it to get a marriage license in some states. The SSN card you get as a K-1 is marked not valid for employment, and when you get an EAD or GC, you take it back to the SS office to get the designation taken off.

By the way, the W-7 instructions say to enter only non-immigrant visa information, which suggests that you should enter the K-1 information. I don't see why it would hurt to note that you are adjusting status, but the form doesn't explicitly ask for that. People who are adjusting status are eligible for EAD, and consequently an SSN when they get it, so I don't think that's what they need to show eligibility for the ITIN. The instructions also say to attach the I-94, and I don't see why it would hurt to attach the NOA1 for adjustment of status too.