K1, SSN, IRS

[Chris & Anna 1]

So my fiancee arrived stateside August 23. Two weeks later we applied for her SSN. We were told her information wasn't in the SAVE database from USCIS. All they could do was to send the petition to NY for manual verification. So they did, and we followed up by phone several times, and were only told to wait. There was nothing they could do.

When we realized we didn't need the SSN to get married, we relaxed on the whole thing and decided to check on it again after we were married. Planning the wedding got in the way.

So after the wedding we went to the SSA office again. They still didn't have her info, and nothing had come back from manual verification. We went to the USCIS office, and they found an error in the middle name. Upon correcting the error, we went back to the SSA office. But now we were within the 2 week period before the expiration date of her I-94. They can't do anything until she gets her green card now. Well between now and then I need to file taxes. They only told us that she could get an ITIN from the IRS to help with taxes.

Well we went to the IRS office (lucky for us in Cleveland all of these offices were in the same building!) and were told that she can only get an ITIN if she isn't eligible for an SSN. Since she is eligible, they needed something from the SSA saying she was denied. Well we got nothing like that from SSA.

So now I don't understand where to go from here. Should I go back to SSA and ask for a letter of denial?

Given that she isn't working and has no taxable income otherwise, can we file jointly without a number? Maybe I can get an extension on the taxes and just wait for her GC and SSN after that?

What is the best course of action for us now?

[reese1 68]

Once you actually file the AOS it should only be 2-3 months til you get the EAD card in the mail and then you can apply for the SS#. You have until mid April to file your taxes without penalties, also if you will be expecting a refund when you file you can file later without penalties, or just request an extension that is completely up to you. Not sure if they will give a letter of denial since she was not actually denied, just that she now has to wait until she Adjusts status.

[KayDeeCee 4,893]

You will file for her EAD and AP along with the I-485 to adjust status. The fees for those forms are waived when filed with a pending I-485 and they will allow her to work and re-enter the US should she travel outside the US while waiting for her green card approval. It takes 2-3 months to receive the EAD/AP from the time you file for AOS. The EAD can be used to get the SSN for those with an expired I-94. She should be able to get the SSN with her EAD in plenty of time for you to file taxes before April.

http://www.visajourney.com/content/k1k3aos

[Chris & Anna 1]

Thank you both so much!

[Gary and Alla 3,694]

So my fiancee arrived stateside August 23. Two weeks later we applied for her SSN. We were told her information wasn't in the SAVE database from USCIS. All they could do was to send the petition to NY for manual verification. So they did, and we followed up by phone several times, and were only told to wait. There was nothing they could do.

When we realized we didn't need the SSN to get married, we relaxed on the whole thing and decided to check on it again after we were married. Planning the wedding got in the way.

So after the wedding we went to the SSA office again. They still didn't have her info, and nothing had come back from manual verification. We went to the USCIS office, and they found an error in the middle name. Upon correcting the error, we went back to the SSA office. But now we were within the 2 week period before the expiration date of her I-94. They can't do anything until she gets her green card now. Well between now and then I need to file taxes. They only told us that she could get an ITIN from the IRS to help with taxes.

Well we went to the IRS office (lucky for us in Cleveland all of these offices were in the same building!) and were told that she can only get an ITIN if she isn't eligible for an SSN. Since she is eligible, they needed something from the SSA saying she was denied. Well we got nothing like that from SSA.

So now I don't understand where to go from here. Should I go back to SSA and ask for a letter of denial?

Given that she isn't working and has no taxable income otherwise, can we file jointly without a number? Maybe I can get an extension on the taxes and just wait for her GC and SSN after that?

What is the best course of action for us now?

You can file without the SSN.

Go back to the SS office and don't leave until it is fixed, go to whatever level of supervisor you need. Morons have taken control. Seriously, go back and go up the ladder until you get a number.

[Gary and Alla 3,694]

You can file without the SSN.

Go back to the SS office and don't leave until it is fixed, go to whatever level of supervisor you need. Morons have taken control. Seriously, go back and go up the ladder until you get a number.

edited

SSN not needed for AOS

For income tax, IF someone did not have an SSN when you were filing tax, then file the return enter "pending" in the place for her SSN and the SS office will give you a letter stating they cannot issue a number at that time. HOWEVER, there is no reason she cannot be issued a number in her MAIDEN name right now. Trying to get it in the married name complicates things a bit. Wait until she has a green card in her married name, then go back and change it. Same advice, go see a supervisor at the SS office.

[ceadsearc 516]

Agree with all of the above. Are you talking about 2012 taxes, though? Because you have until April for that so she should definitely have her EAD and maybe even her GC by then. If for some reason you can't get it straightened out you can always file married filing separately and amend it later or just get an extension which would give you until October and she should definitely have a GC by then.

[Chris & Anna 1]

Thanks for all the help everyone. I didn't know we could apply for the SSN with her EAD. That is what we will do.

Gary, thanks for suggesting that she could go back and get an SSN with her maiden name. I didn't know that either. But frankly, I'm sick of that damn office. I'm happy to let it go until we get the EAD.

[TBoneTX 45,294]

*** Thread moved from main AOS/Family-Based forum to Social Security Numbers -- issue does not affect AOS matters but has larger impact on taxes and non-immigration areas. ***

[Gary and Alla 3,694]

Thanks for all the help everyone. I didn't know we could apply for the SSN with her EAD. That is what we will do.

Gary, thanks for suggesting that she could go back and get an SSN with her maiden name. I didn't know that either. But frankly, I'm sick of that damn office. I'm happy to let it go until we get the EAD.

Chris, welcome to the world of government clerks. In this process you will have to deal with a lot of them and MOST of the "first responders" I have run across have no effin' clue how to handle an application for anything if the "US citizen" box is not checked.

It is als standard practice among these Einsteins to make up an excuse rather than ask for help when they realize they have no effin' clue. This makes it important that YOU know the procedures and be preapred to train government clerks and ask for a supervisor. I could write pages of BS I went through with three people! In fact the ONLY procedure that went well was the application for Alla's SSN the day after she arrived.

In EVERY other incidence I had to get supervisors and bring documentation from gpvernment websites to show we were eligible. ALL THE WAY through citizenship and their first passports! The person at the passport office demanded we have the riginal permission letter from Pasha's father that he be able to leave Ukraine! Vooooooooowhat? And this was the official US passport office, NOT a postal clerk also doing passports. This applied to drivers licenses (OMG!!!!!!!! What a mess!)School registration, education grant applications, it was never ending. The average clerk has about -0- experience with someone that is an immigrant and simly has not been trained in the procedures. They get 3 hours training in how to do their job, 80 hours training on "sensitivty" and put in front of the public where they promptly deny people's right and privileges.

I give them a pass for not being trained...I DO NOT give them a pass for making things up as they go along.

Fortunately VJ is full of advice and experience in every part of ths process. As these things come up you can ask others here. It is also good to go online and read what is needed and required for various things in your state, drivers license for example. Always print that and bring it with you.