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Filed: K-1 Visa Country: Philippines
Timeline
Posted

Today, I went to a tax attorney and he stated that I could not use my 4 stepdaughters as dependents. He stated that they do not qualify since eventually they are eligible for a SSN # and not eligible for a w7 (ITIN #). This effectively will cost me 4600.00 in federal and another 1990.00 in State tax return.

They arrived in April of 2013 and I am the sole provider, mom got her ssn# but the 4 kids do not have there ssn because we were going to use the tax returns to pay for there adjustment of status.

The Tax attorney said you can always file an adjustment after you get there ssn#'s, that I had up to three years to file the adjustment.

If someone had a similar issue I would appreciate any input into this matter.

Filed: Citizen (apr) Country: Iran
Timeline
Posted

Tax preparer is right on the money. http://www.irs.gov/Individuals/General-ITIN-Information Since they qualify for a SSN as K-2s they cannot obtain an ITIN. You can file to amend the return after they obtain the SSNs as you were advised.

What can you do about this? I don't know but maybe someone who has been through this will come along and give you some advice.

Filed: Citizen (apr) Country: Canada
Timeline
Posted (edited)

K2's are not eligible to get a SSN without an EAD card or GC

Edited by Ontarkie
Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

Filed: Citizen (apr) Country: Thailand
Timeline
Posted

Today, I went to a tax attorney and he stated that I could not use my 4 stepdaughters as dependents. He stated that they do not qualify since eventually they are eligible for a SSN # and not eligible for a w7 (ITIN #). This effectively will cost me 4600.00 in federal and another 1990.00 in State tax return.

They arrived in April of 2013 and I am the sole provider, mom got her ssn# but the 4 kids do not have there ssn because we were going to use the tax returns to pay for there adjustment of status.

The Tax attorney said you can always file an adjustment after you get there ssn#'s, that I had up to three years to file the adjustment.

If someone had a similar issue I would appreciate any input into this matter.

I filed the first year with just Rin and myself (using an ITIN for Rin), then when the children received their ssn's (after they had their EAD cards) I filed an amended return (1040X). Not exactly the same as your situation as they were K3/K4.

K-3

11/15/2006 - NOA1 Receipt for 129F

02/12/2007 - I-130 and I-129F approved!

04/17/2007 - Interview - visa approved!

04/18/2007 - POE LAX - Finally in the USA!!!

04/19/2007 - WE ARE FINALLY HOME!!!

09/20/2007 - Sent Packet 3 for K-4 Visas (follow to join for children)

10/02/2007 - K-4 Interviews - approved

10/12/2007 - Everyone back to USA!

AOS

06/20/2008 - Mailed I-485, I-765 (plus I-130 for children)

06/27/2008 - NOA1 for I-485, I-765, and I-130s

07/16/2008 - Biometrics appointment

08/28/2008 - EAD cards received

11/20/2008 - AOS Interviews - approved

Citizenship

08/22/2011 - Mailed N-400

Filed: Citizen (apr) Country: Thailand
Timeline
Posted

Since it appears they cannot get a SSN, why can't you file for an ITIN for the children?

https://secure.ssa.gov/poms.nsf/lnx/0110213300

The link says if you apply you will receive a response that a SSN cannot be issued. The w7 form for the ITIN says it is for people who do not have or cannot get a SSN.

K-3

11/15/2006 - NOA1 Receipt for 129F

02/12/2007 - I-130 and I-129F approved!

04/17/2007 - Interview - visa approved!

04/18/2007 - POE LAX - Finally in the USA!!!

04/19/2007 - WE ARE FINALLY HOME!!!

09/20/2007 - Sent Packet 3 for K-4 Visas (follow to join for children)

10/02/2007 - K-4 Interviews - approved

10/12/2007 - Everyone back to USA!

AOS

06/20/2008 - Mailed I-485, I-765 (plus I-130 for children)

06/27/2008 - NOA1 for I-485, I-765, and I-130s

07/16/2008 - Biometrics appointment

08/28/2008 - EAD cards received

11/20/2008 - AOS Interviews - approved

Citizenship

08/22/2011 - Mailed N-400

Filed: Citizen (apr) Country: Colombia
Timeline
Posted

Married my wife in mid October with a daughter, call the IRS on this subject, was shifted around a couple of times, but was told as long and my wife and stepdaughter were living with me, and even if we were married Dec 31st, could claim them for the full tax year. Just leave the SS number blank. Wrote down his name and extension number. No problems with this, but was several years ago, if they changed the law on this, really don't know. Next year, they did have SS numbers.

No such thing in this country as a certified tax preparer, if I were you, would call the IRS and do the same thing I did. Ha, also asked about if I could deduct those huge USCIS fees, answer to this was a flat no.

In regards to tax preparers, met more than my share of idiots. But with over a thousand different forms and 13,000 pages of tax laws, who can be an expert on this subject?

 

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