Filing Taxes for K-2 w/o SSN

[cdctke 0]

Hi All, 

I have a question related to filing taxes.  My wife came over on a K-1 and we have since been married.  Her two boys came over in November.  We have just submitted the AOS/EAD paperwork (2 weeks back) but I know it will take a few months before that process is complete.  When filing taxes, I put the two boys down as dependents which requires a SS# or a ITIN #.  So, since they cannot get the SS# until their EAD is approved, I completed the ITIN forms.  However, after reading, the ITIN forms say only to fill out if the person is not SS# eligible.  The two boys will be, so I'm a bit confused.  

 

Should I wait for the AOS/EAD process to complete, which could be March or April and if needed, file an extension to wait for the EAD approval (and then get a SS#) or should I be submitting a request for an ITIN #?

 

As always, thank you all for your help. 

Regards, 

 

Charlie

 

[Shokra 12]

https://turbotax.intuit.com/tax-tools/tax-tips/Family/Rules-for-Claiming-a-Dependent-on-Your-Tax-Return/INF12139.html

Aside from the joys of parenthood, one of the perks of having a child is that you get a tax break when you claim him as a dependent. To claim this deduction, your child needs to have either a Social Security number or a Individual Taxpayer Identification Number. If he doesn't have either of these by the time April 15 rolls around, you can file an extension while you wait for the application to process.

 

New Infants and Social Security Numbers

If you have an infant, it's possible that he doesn't have a Social Security number yet. To get him a Social Security number, you need to complete an Social Security application form. When your child is born, the hospital can provide you with a birth registration form that you can complete while the mother is a patient. If you weren't able to get a birth registration form at the hospital, you can obtain Form SS-5, Application for Social Security Number, from the Social Security website or a local Social Security office.

According to Nolo, it normally takes from six to 12 weeks to receive your child's Social Security card. The process may take a little longer if the child is more than one year old. If you don't have the card by April 15, Forbes contributor Kelly Phillips recommends that you file for a six month tax extension. If you don't get a Social Security number by the extension due date, you'll need to file a tax return if you want to avoid late fees and penalties. Although you won't be able to claim your child as a dependent without the Social Security number, you can amend the return and claim the deduction once that information finally arrives.

Adopting a Non-Citizen Child

If you're in the process of adopting a child and he's not yet a legal citizen, you won't be able to get a Social Security number for him. However, you can get an Individual Taxpayer Identification Number, which allows you to claim him as a dependent. Once your child becomes a legal citizen or resident, you can apply for a Social Security number. To obtain an ATIN for your child, complete and submit Form W-7A to the IRS. It generally takes between 4 to 8 weeks to receive the ATIN.