Married husband on VWP - No SSN or ITIN yet for taxes - I-130 Rejected, what now?

[Lemonslice 4,943]

3 hours ago, OvernightSiren said:

I've already followed this guide to file our I-130 and I-485, this post was specifically about filing our income taxes as a couple currently undergoing the immigration process. I do not see a guide for that on this site. 

You asked:What's the EAD? And where do I "go and get the SSN"?

 

One guide is titled 

How to get a Social Security Number Guide 

 

And another

 

Employment Authorization Document (I-765) Guide

 

Thank you, it's been a pleasure to help you... Good luck with everything.

 

[marriott574 13]

Hi I'm a CPA and specialize in tax accounting, while this is a immigrantion forum here is some very general tax advice.

 

under the VWP you are not authorized to work unless you have recieved your EAD card, but the fact that you worked is history so let's just move on.

 

Go and get your SSN it's pretty simple just follow the guide, now onto the tax portion.

 

if you are married but the last minute of the year you are considered married for IRS purposes, thus you file Married filing jointly or Married filling separately. In general you are much better of filing married filing jointly, you will need to complete form 1040NR as you were a non resident for the year. 

 

You can apply for an extension, note it is an extension of time to file not an extension of time to pay.

 

Now the good news as a non resident you would have had social security with held from your pay check. You do not have to pay social security as a NR filebform 8316 to do this.

 

On a side note most people most people over pay social security but never. Lain a refund.

 

i would recommend finding a good tax accountant and have them prepare all the forms it will cost around $400, (This is not a DIY tax return or the sort of thing H R block will get right, go to a real accountant.)

 

good of luck with your journey

[f f 725]

35 minutes ago, marriott574 said:

under the VWP you are not authorized to work unless you have recieved your EAD card, but the fact that you worked is history so let's just move on.

https://travel.state.gov/content/visas/en/visit/visa-waiver-program.html

 

under the business tab you will see some type of work is allowed. you will fall under the consulting with business associates. the working at home is a bit gray.

[Patient 57]

 

11 hours ago, OvernightSiren said:

 

Where have you heard that there were a number of rejections?

 

Is there any way to fight this? It's not fair to charge me more based on what someone else did wrong. 

 

You are entering a process, admin hell with specific points of action and reaction. The "others" on the VJ website over ruled your own "gut feel" or why ask the question in the forum?

 

Please wait until the packet is returned, then re-file, you may have dated the cheque wrongly, sent the fee and it was "opened" after the date because of postal and weather delays, BUT assure yourself that no-one will look at the postmarked date on the envelope, they have 1000s to open and check through. You get a 2 second glance .....only because the stamp is interesting!

 

They return the cheque if they feel it is incorrectly dated, please also remember there are a lot of people "nervous" about their job in Federal functions, so many will not take a risk at all, stick to KPI application process per hour not spend 10 minutes checking everything including a postmark when they are processing it on Jan 2nd ..... 

 

I detect pressure for the filing re taxes and social security, they are separate issues and actions, once the i-485 and i-130 are correctly filed, apply for the EAD etc.

 

A quick word to IRS will enable you to have an extension for filing of your taxes so you cover any deadlines.  

 

  

[Beth & Achraf 328]

21 hours ago, OvernightSiren said:

What's the EAD? And where do I "go and get the SSN"?

Once your petitions are accepted by  USICS, you will receive a letter to go do your biometrics, they will inform you of the date and time, and where to go,   that is having your fingerprints  taken, and have your picture taken, and signature. Takes about 10 minutes once your name is called.

Once USCIS receive the results of your appointment, back ground checks and such, then you will be issued a EAD (work card) if all is good and don't need anything further , once you receive that , then you apply for Social Security card, after that , your state ID.