RFE for I-864 and K2 questions

[taximan683 75]

4 minutes ago, Bluee said:

Still nothing.

 

I did call the SSA, and they told me that we have to wait until I-485 get approved so my daughter can have a SSN.

We need her SSN for taxes.

 

Pretty annoying...

Well my wife got her AP and EAD and social security number with her married name . The thing is the AP is worthless if the K2 doesn't have it also. We can't go anywhere. I don't know if I would believe social security because my experience with them is that they often didn't understand everything about the k1 and K2 process. I really hope we'll hear something soon. I think I'm just about to the limit where I could submit a case inquiry.

[Bluee 44]

On 12/15/2020 at 1:33 PM, taximan683 said:

Well my wife got her AP and EAD and social security number with her married name . The thing is the AP is worthless if the K2 doesn't have it also. We can't go anywhere. I don't know if I would believe social security because my experience with them is that they often didn't understand everything about the k1 and K2 process. I really hope we'll hear something soon. I think I'm just about to the limit where I could submit a case inquiry.

So, I applied for EAD for my K2 as well in order to get her a SSN. Nothing but radio silent since. 
However, I applied for separate I-131 and got approved and actually got the travel documents for both of us today. So, even K2 doesn't have a SSN, but at least, we could travel (if we have to).

It would be worth to consider for you to apply for I-131 for your K2 maybe? It's free, pretty simple and straight forward. Took me 1.5 month.

[taximan683 75]

18 minutes ago, Bluee said:

So, I applied for EAD for my K2 as well in order to get her a SSN. Nothing but radio silent since. 
However, I applied for separate I-131 and got approved and actually got the travel documents for both of us today. So, even K2 doesn't have a SSN, but at least, we could travel (if we have to).

It would be worth to consider for you to apply for I-131 for your K2 maybe? It's free, pretty simple and straight forward. Took me 1.5 month.

Thanks Bluee, I applied for AP and EAD both with the i-485. Both the K1 and K2 had the biometrics on the same day. My wife, the K1, got her combo card a few weeks ago, but we are still waiting for the K2s EAD and AP. I put in an inquiry on the EAD since it's past the time frame for processing. USCIS received the applications on May 18. Hopefully, we'll get a response soon.

[taximan683 75]

On 12/15/2020 at 1:26 PM, Bluee said:

Still nothing.

 

I did call the SSA, and they told me that we have to wait until I-485 get approved so my daughter can have a SSN.

We need her SSN for taxes.

 

Pretty annoying...

Still waiting, I'm wondering if we should apply for ITIN for taxes for our k2. I put in an inquiry in December and the email said they would reply by January 7, but still nothing. My wife has had combo card since October. We will try to call tomorrow.

[Bluee 44]

On 1/24/2021 at 6:51 PM, taximan683 said:

Still waiting, I'm wondering if we should apply for ITIN for taxes for our k2. I put in an inquiry in December and the email said they would reply by January 7, but still nothing. My wife has had combo card since October. We will try to call tomorrow.

Long time no forum 🤣

 

Too tired of waiting. Mine is still the same.

How is yours going?

Edited February 2, 2021 by Bluee

[taximan683 75]

5 hours ago, Bluee said:

Long time no forum 🤣

 

Too tired of waiting. Mine is still the same.

How is yours going?

Still the same. I tried to chat and they said I have to call. I tried to call, but can't get through. Still waiting for advance parole, EAD and social security. I'm going to send a letter to my Congressman to request help. Otherwise, I'll have to apply for an ITIN for our taxes and that will delay our refund for quite some time. Like you said - annoying...

[Cilllah 476]

I am in the same boat. I have my combo card and SSN but my K2 is still stuck at application received. We want to claim her on taxes but time is getting away.

[Bluee 44]

13 hours ago, taximan683 said:

Still the same. I tried to chat and they said I have to call. I tried to call, but can't get through. Still waiting for advance parole, EAD and social security. I'm going to send a letter to my Congressman to request help. Otherwise, I'll have to apply for an ITIN for our taxes and that will delay our refund for quite some time. Like you said - annoying...

I did some research, and here is from TIN website:

"If you have an application for an SSN pending, don’t file Form

W-7. Complete Form W-7 only if the SSA notifies you that you’re

ineligible for an SSN."

 

Do you think we still can file the form for our K2?

[taximan683 75]

On 2/2/2021 at 10:36 PM, Bluee said:

I did some research, and here is from TIN website:

"If you have an application for an SSN pending, don’t file Form

W-7. Complete Form W-7 only if the SSA notifies you that you’re

ineligible for an SSN."

 

Do you think we still can file the form for our K2?

Here's the problem: If we file for an ITIN, we lose the stimulus payments they are entitled to from last year ($1,100) because the stimulus was only given if the child had a social security number last year. I decided to wait. We can extend the due date to October 15 if need be. We have requested that our Congressman look into this. You can file a letter with your representative online. Just Google "who is my US representative" and there will be a link to your Congressman's page where you can ask for help. We will just keep bugging them until we get an answer. I'm not sure, like you, if we even are supposed to request an ITIN.

[taximan683 75]

On 2/2/2021 at 9:27 AM, Cilllah said:

I am in the same boat. I have my combo card and SSN but my K2 is still stuck at application received. We want to claim her on taxes but time is getting away.

Yeah, its frustrating. You can extend the due date on your taxes until October if you have to. I decided that the stimulus payments from last year for the child are worth the wait ($1,100). Last year they required a social security number for the child to get a stimulus payment. This year they probably will accept the ITIN for the next stimulus. We have sent a request for help to our Congressman - we'll see if we can get a response. We also requested inquiries on the USCIS website which they never answered ("expect a response by January 7", but nothing). I don't know your situation, but you also cannot get Earned Income Credit with an ITIN.

[Cilllah 476]

On 2/12/2021 at 5:39 PM, taximan683 said:

Yeah, its frustrating. You can extend the due date on your taxes until October if you have to. I decided that the stimulus payments from last year for the child are worth the wait ($1,100). Last year they required a social security number for the child to get a stimulus payment. This year they probably will accept the ITIN for the next stimulus. We have sent a request for help to our Congressman - we'll see if we can get a response. We also requested inquiries on the USCIS website which they never answered ("expect a response by January 7", but nothing). I don't know your situation, but you also cannot get Earned Income Credit with an ITIN.

We arrived July 14th so I am not even sure if either of us are eligible for anything? I have heard mixed things.

[Ayrton 965]

4 minutes ago, Cilllah said:

We arrived July 14th so I am not even sure if either of us are eligible for anything? I have heard mixed things.

As long as you're considered a resident for tax purposes and have a SSN, then you're eligible.

 

To be considered a resident for tax purposes, you will have to file a joint return with your spouse, add a letter electing to be treated as a resident for the whole year, declare all the money you earned worldwide.

[taximan683 75]

5 hours ago, Ayrton said:

As long as you're considered a resident for tax purposes and have a SSN, then you're eligible.

 

To be considered a resident for tax purposes, you will have to file a joint return with your spouse, add a letter electing to be treated as a resident for the whole year, declare all the money you earned worldwide.

We were in the same situation last year, 2019. My wife arrived July 6. We filed jointly without any letter and it was no problem. She had her social and we married before the end of the year (she had no foreign income, so I don't know about that part). My wife's daughter came on a k2 the same date in 2019, and we're still waiting for her social security number. The way I read it, the k2 did not qualify as a dependent because she hadn't been in the country more than half of the year.

[golden78 12]

Did you guys get the EAD for k2? I am also in the same boat.  Wife got her combo card last month but k2 shows case received since June 28, 2020.

Edited March 16, 2021 by golden78

[taximan683 75]

On 3/16/2021 at 5:06 AM, golden78 said:

Did you guys get the EAD for k2? I am also in the same boat.  Wife got her combo card last month but k2 shows case received since June 28, 2020.

Finally got the EAD, or at least status has changed to "card being produced" - the same day our Congressman replied to our email.