Social Security card for K-2 (daughter of K-1 holder)

[Keith & Xiang 0]

My wife arrived on a K-1 Fiancee Visa, we were married November 5th. My wife and now step-daughter went for their social security cards, my wife was successful in applying for a card, meanwhile they told my 12 year old step-daughter that she would have to wait until she is at "working age". Is this true? Why can't my step-daughter get a social security number and what do I do about this at tax time? How do I claim my step-daughter on my taxes?

Thanks,

Keith

[pj1959us 0]

Yes, a K-2 cannot obtain a SSN until they obtain an EAD, which isn't applicable in your case due to her age. I believe she could obtain one after AOS but that could be some time, depending on your area.

For tax purposes, you would just need to request an ITIN for the K-2. There is info regarding this at http://www.irs.gov/individuals/article/0,,id=96287,00.html

[payxibka 10,047]

My wife arrived on a K-1 Fiancee Visa, we were married November 5th. My wife and now step-daughter went for their social security cards, my wife was successful in applying for a card, meanwhile they told my 12 year old step-daughter that she would have to wait until she is at "working age". Is this true? Why can't my step-daughter get a social security number and what do I do about this at tax time? How do I claim my step-daughter on my taxes?

Thanks,

Keith

You will need an ITIN

[YuAndDan 153]

Yes, a K-2 cannot obtain a SSN until they obtain an EAD, which isn't applicable in your case due to her age. I believe she could obtain one after AOS but that could be some time, depending on your area.

For tax purposes, you would just need to request an ITIN for the K-2. There is info regarding this at http://www.irs.gov/individuals/article/0,,id=96287,00.html

She can obtain one after AOS using the green card.

[1HappyGuy 45]

The people at the Social Security Administration were not correct. Even new born babies receive SSN's. In fact you are required to obtain a SSN within one month of a baby's birth. However, the people at SSA are probably going to make it difficult for you until she has a green card. As far as your taxes, you can file for an extension when you prepare your taxes and figure what they would be with your step-daughter as a dependent. The extension is good until October 15th. You should make sure you are properly paid in on your taxes when you file the extension.

Hopefully they will process your step-daughter at the same time as your wife. You might get lucky and have it completed before April 15th of 2007. I'm looking at a similiar situation as we just filed for AOS for my wife's son. He's not technically a step-son since he's over 18.

[payxibka 10,047]

The people at the Social Security Administration were not correct. Even new born babies receive SSN's. In fact you are required to obtain a SSN within one month of a baby's birth. However, the people at SSA are probably going to make it difficult for you until she has a green card. As far as your taxes, you can file for an extension when you prepare your taxes and figure what they would be with your step-daughter as a dependent. The extension is good until October 15th. You should make sure you are properly paid in on your taxes when you file the extension.

Hopefully they will process your step-daughter at the same time as your wife. You might get lucky and have it completed before April 15th of 2007. I'm looking at a similiar situation as we just filed for AOS for my wife's son. He's not technically a step-son since he's over 18.

OK, So I went to the SSA website.....

From the SSN application:

IMMIGRATION STATUS: We need to see a current document issued to you by the Department of

Homeland Security (DHS) showing your immigration status, such as Form I-551, I-94, I-688B, or

I-766. We CANNOT accept a receipt showing you applied for the document. If you are not

authorized to work in the U.S., we can issue you a Social Security card only if you need the number for a valid nonwork reason. (See HOW TO COMPLETE THIS APPLICATION, Page 2, Item 3.)

Your card will be marked to show you cannot work. If you do work, we will notify DHS.

Page 2, Item 3

If you check "Legal Alien Not Allowed to Work," you must provide a document from a U.S.

Federal, State, or local government agency that explains why you need a Social Security number

and that you meet all of the requirements for the U.S. government benefit.

The SSA can issue a card not MUST. What kind of document can you provide from a federal, State or Local government agency that explains why? Is there something from the IRS that will explain the WHY?

[pj1959us 0]

The SS office was correct. A K-2 must obtain at least an EAD before a SS# will be assigned. We had no problem obtaining a SS# for our K-2 after he obtained an EAD. If no EAD, then after AOS (as someone just confirmed) you should be able to have the SSN assigned. Alternatively, it is not a problem to obtain an ITIN for tax purposes and seems to be less of a hassle than dealing with extensions.

Within VJ is this info: http://www.visajourney.com/forums/index.ph...om&page=ssn

[Delete This 0]

I took my wife and daugher to the SS office last month. My wife (with a K1 Visa) was able to receive her SS card, but we were told that my daughter (K2 Visa) would have to wait until after AOS.

[meauxna 15]

The people at the Social Security Administration were not correct. Even new born babies receive SSN's. In fact you are required to obtain a SSN within one month of a baby's birth.

Um, yeah, if the baby is born in the US. Otherwise, she's still a K-2 and not entitled until she gets an EAD or completes her AOS.