EAD and AOS do I need to file both at the same time?

[Erick 0]

Okay, my wife and daughter finally arrived in the US as a K3 and K4 but now a new thing needs to be started again. We went to the Social Security office to apply for a SSN and were told that she needs to get an EAD before a SSN will be issued to her and my daughter. Is this true? AFAIK they mark the cards as not authorized for work w/o Immigration approval in these cases. I told the guy that the process takes sometime to get an EAD and I need it for tax purposes, he replied to go to IRS and get a TIN. I just went to the IRS site and based on the W-7 form for a TIN she wouldn't qualify since she is eligible for a SSN once she gets her LPR status. Am confused now because of this, so please somebody help me!!!!!

Edited November 30, 2006 by Erick

[kim&james 0]

At the moment your wife is not eligible for a SSN and will need a ITIN. The w7 form is what is needed.

Apply for work authorisation using the I765 form asap which will allow your wife a SSN. Approx 90 days. You can apply for AOS at any time but before the 2 years is up keeping in mind your overseas medical is only valid for 12 months from the date it happened so save yourselves some money and have that done before then.

[john_and_marlene 162]

If you get an EAD before you file taxes, she is eligible for an SSN and you can apply for one. If she doesn't get and EAD before you file taxes, she is not eligible for an SSN and you can get an ITIN.

[Yodrak 7]

Erick,

But she doesn't yet have LPR status, does she?

To answer the question in your subject line, a K3 may be better off applying for EAD before they apply for AOS.

Yodrak

Okay, my wife and daughter finally arrived in the US as a K3 and K4 but now a new thing needs to be started again. We went to the Social Security office to apply for a SSN and were told that she needs to get an EAD before a SSN will be issued to her and my daughter. Is this true? AFAIK they mark the cards as not authorized for work w/o Immigration approval in these cases. I told the guy that the process takes sometime to get an EAD and I need it for tax purposes, he replied to go to IRS and get a TIN. I just went to the IRS site and based on the W-7 form for a TIN she wouldn't qualify since she is eligible for a SSN once she gets her LPR status. Am confused now because of this, so please somebody help me!!!!!

[Mike and Adriana 0]

If you don't get the EAD before you file your taxes (and therefore cannot get an SS#), as mentioned, you can apply for a taxpayer identification number. The TIN can be obtained through the W-7, which MUST be submitted with the actual tax return. Thus, you can wait right up until the time you file to determine if you need a TIN or can get a social security number. How quickly you file, to me, depends on whether you are getting a refund or not.....at least that is how I base my decision. If you file shortly after year-end, you will most certainly need a TIN. If you wait until April 15, you should have the EAD by then and be able to acquire a social security number.

[Erick 0]

If you don't get the EAD before you file your taxes (and therefore cannot get an SS#), as mentioned, you can apply for a taxpayer identification number. The TIN can be obtained through the W-7, which MUST be submitted with the actual tax return. Thus, you can wait right up until the time you file to determine if you need a TIN or can get a social security number. How quickly you file, to me, depends on whether you are getting a refund or not.....at least that is how I base my decision. If you file shortly after year-end, you will most certainly need a TIN. If you wait until April 15, you should have the EAD by then and be able to acquire a social security number.

Thanks for the help everyone. Am going to IRS now to get W7 for the ITIN since I tend to file early regardless of the situation. We'll probably file the 485 after the new year but we'll file the 765 earlier.