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josephlei

Awaiting AOS, get SSN or ITIN for 2018 taxes?

By josephlei in Tax & Finances During US Immigration

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josephlei Newbie

josephlei   1

Posted
Filed: Timeline
Posted

My fiancee (now wife) entered in August 2018, we married within 90 days and have filed to adjust her status with I-485, biometrics are done currently awaiting action from USCIS.

 

Her I-94 is EXPIRED, and we didn't file for a SSN while it was active. I'm preparing for April 15 when federal taxes are due, we need either a ITIN or a SSN for her to "married filing jointly"

 

  1. Which "number," the SSN or ITIN should we be applying for?
  2. The form W-7 here says "Caution: If you check box b, c, d, e, f, or g, you must file a U.S. federal tax return with Form W-7 unless you meet one of the exceptions" what does this mean, do I attach it to my 1040 when I submit my taxes? I can't file it beforehand in order to have the ITIN already available to me when I do my taxes?

 

Thank you

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Alabamak1 Proficient

Alabamak1   688

Posted
Filed: K-1 Visa Country: Ukraine
 Timeline
Posted

Since you applied for SSN already with EAD, it won't get to you before EAD is approved. Your only way now to file taxes with your wife now is to get an ITIN.

8/7/2017                    NOA-1

3/1/2018                    NOA-2

3/15/2018                  NVC case received

3/22/2018                  NVC case assigned

3/23/2018                  Consulate ready

4/11/2018                  Medical

4/17/2018                  Visa Approved

4/24/2018                  Visa on hand

5/23/2018                  Point of Entry ATL

5/24/2018                  Marriage license, officiant and certificate / applied for SS#

5/31/2018                  AOS/AP/EAD

6/7/2018                    email notification of NOA-1

6/11/2018                  NOA-1 hard copies for AOS/EAD/AP

6/27/2018                  Biometrics for AOS/EAD

7/7/2018                    ready to be scheduled for interview

7/11/2018                  We are still reviewing your case and there are no updates at this time (email from USCIS)

8/22/2018                  We are still reviewing your case and there are no updates at this time (same email again)

9/5/2018                     We are still reviewing your case and there are no updates at this time (this is getting boring!!!)

10/3/2018                  We are still reviewing your case and there are no updates at this time (this is insanity, 4th time while some got GC)

10/17/2018                After 136 days of wait in HELL, finally EAD in production

10/21/2018                Card was mailed to me, and yes it said so on a Sunday night, while Vj-ing

10/22/2018                Card was picked up by the USPS

10/24/2018                EAD in hand. F%^&& finally

12/28/2018                Interview has been scheduled. Waiting for notification with date by snail mail

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payxibka Grand Master

payxibka   10,045

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted
5 hours ago, josephlei said:

My fiancee (now wife) entered in August 2018, we married within 90 days and have filed to adjust her status with I-485, biometrics are done currently awaiting action from USCIS.

 

Her I-94 is EXPIRED, and we didn't file for a SSN while it was active. I'm preparing for April 15 when federal taxes are due, we need either a ITIN or a SSN for her to "married filing jointly"

 

  1. Which "number," the SSN or ITIN should we be applying for?
  2. The form W-7 here says "Caution: If you check box b, c, d, e, f, or g, you must file a U.S. federal tax return with Form W-7 unless you meet one of the exceptions" what does this mean, do I attach it to my 1040 when I submit my taxes? I can't file it beforehand in order to have the ITIN already available to me when I do my taxes?

 

Thank you

You can always file an extension 

YMMV

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josephlei Newbie

josephlei   1

Posted
Filed: Timeline
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Posted
On 1/1/2019 at 11:49 PM, Alabamak1 said:

Since you applied for SSN already with EAD, it won't get to you before EAD is approved. Your only way now to file taxes with your wife now is to get an ITIN.

I didn’t file a I-765 EAD request when I filed the I-485, so no SSN has been requested for her yet.

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Alabamak1 Proficient

Alabamak1   688

Posted
Filed: K-1 Visa Country: Ukraine
 Timeline
Posted
6 minutes ago, josephlei said:

I didn’t file a I-765 EAD request when I filed the I-485, so no SSN has been requested for her yet.

if you did not file for EAD, then the wait for SS# is going to be even longer till you get her GC. your only option as said before is to file for EAD which takes 4 to 7 months or file for an ITIN. Why would you not file for EAD? Now if you do, since it wasn't done with AOS, you will have to pay the fee.

8/7/2017                    NOA-1

3/1/2018                    NOA-2

3/15/2018                  NVC case received

3/22/2018                  NVC case assigned

3/23/2018                  Consulate ready

4/11/2018                  Medical

4/17/2018                  Visa Approved

4/24/2018                  Visa on hand

5/23/2018                  Point of Entry ATL

5/24/2018                  Marriage license, officiant and certificate / applied for SS#

5/31/2018                  AOS/AP/EAD

6/7/2018                    email notification of NOA-1

6/11/2018                  NOA-1 hard copies for AOS/EAD/AP

6/27/2018                  Biometrics for AOS/EAD

7/7/2018                    ready to be scheduled for interview

7/11/2018                  We are still reviewing your case and there are no updates at this time (email from USCIS)

8/22/2018                  We are still reviewing your case and there are no updates at this time (same email again)

9/5/2018                     We are still reviewing your case and there are no updates at this time (this is getting boring!!!)

10/3/2018                  We are still reviewing your case and there are no updates at this time (this is insanity, 4th time while some got GC)

10/17/2018                After 136 days of wait in HELL, finally EAD in production

10/21/2018                Card was mailed to me, and yes it said so on a Sunday night, while Vj-ing

10/22/2018                Card was picked up by the USPS

10/24/2018                EAD in hand. F%^&& finally

12/28/2018                Interview has been scheduled. Waiting for notification with date by snail mail

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payxibka Grand Master

payxibka   10,045

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted
2 minutes ago, Alabamak1 said:

Now if you do, since it wasn't done with AOS, you will have to pay the fee.

No.  Still fee waived.   As long as it is filed concurrently or AFTER the i485 

YMMV

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Ontarkie Grand Master

Ontarkie   14,226

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Filed: Citizen (apr) Country: Canada
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Posted

~~Moved to Taxes &Finances, from K1 P&P - as this is no longer a K1 processing question but a tax question.~~

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Nitas_man Experienced

Nitas_man   3,100

Posted
Filed: Other Country: Saudi Arabia
 Timeline
Posted
On ‎1‎/‎1‎/‎2019 at 10:50 PM, josephlei said:

My fiancee (now wife) entered in August 2018, we married within 90 days and have filed to adjust her status with I-485, biometrics are done currently awaiting action from USCIS.

 

Her I-94 is EXPIRED, and we didn't file for a SSN while it was active. I'm preparing for April 15 when federal taxes are due, we need either a ITIN or a SSN for her to "married filing jointly"

 

  1. Which "number," the SSN or ITIN should we be applying for?
  2. The form W-7 here says "Caution: If you check box b, c, d, e, f, or g, you must file a U.S. federal tax return with Form W-7 unless you meet one of the exceptions" what does this mean, do I attach it to my 1040 when I submit my taxes? I can't file it beforehand in order to have the ITIN already available to me when I do my taxes?

 

Thank you

April 15th is the due date for owed taxes.  You can file taxes anytime if you are due a refund.

It was unwise to not apply for SS card while the I-94 was valid

 

Several choices: 

 

Apply for EAD, file an extension, and file your taxes late after her SS card is approved

If you are due a refund, apply for EAD, wait until SS card approved, and file your taxes whenever you feel like it (that's what I did our first year when I figured out there was no penalty or consequence for late filing if they owe you money)

Apply for ITIN now and file your taxes under her ITIN number

File your taxes under MFS, wait for the case to process, then file 1040X amended return MFJ when she gets a SS card

 

Good luck

 

 

 

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