spouse doesn't have social security number (split topic)

[MRosario10 0]

My husband entered the U.S.A with a b1/b2 visa. He had it extended and it expired in June, he decided to stay because returning to his country he would have to wait 10 years to come back. I am currently no working, but he is. He doesn’t have a SS number and needs one to work legally. He does report his taxes. What does he need to do? To get his SS? This is all new to me.

[Just Paul 4,595]

24 minutes ago, MRosario10 said:

My husband entered the U.S.A with a b1/b2 visa. He had it extended and it expired in June, he decided to stay because returning to his country he would have to wait 10 years to come back. I am currently no working, but he is. He doesn’t have a SS number and needs one to work legally. He does report his taxes. What does he need to do? To get his SS? This is all new to me.

Best to start your own thread and not hijack someone else's.

[Ryan H 3,812]

***Post and reply split from unrelated thread; for future reference, please start your own thread with your own questions instead of hijacking threads started by other members.***

[Just Paul 4,595]

2 hours ago, MRosario10 said:

but he is.

Working illegally is never a good plan.

2 hours ago, MRosario10 said:

He does report his taxes.

This is not possible without a social security number.

 

Hopefully you filed a petition for him.  And hopefully you have a very good sponsor.  I'll guess you didn't file concurrently the I-485, I-765, I-131, I-864 and I-944.  The I-944 will probably be the most challenging for him.

Edited October 30, 2020 by Paul & Mary

[aaron2020 11,651]

2 hours ago, MRosario10 said:

My husband entered the U.S.A with a b1/b2 visa. He had it extended and it expired in June, he decided to stay because returning to his country he would have to wait 10 years to come back. I am currently no working, but he is. He doesn’t have a SS number and needs one to work legally. He does report his taxes. What does he need to do? To get his SS? This is all new to me.

Hi,

 

Your husband's employer may be taking taxes out of his paychecks, but that doesn't mean your husband is reporting his taxes.  He would need an ITIN or SSN to file US tax returns.

 

Are you a US citizen?  If yes, then you can petition for him and he can adjust status for a green card.  Once he gets his EAD, he can apply for a SS number.

 

If you are a green card holder, then he has no way to legally get a SS number.  

[MRosario10 0]

Thank you so much for your response. He has an ITIN and has paid the taxes needed. His employer provides him with an I9. I am a US Citizen, born and raised. But since I am currently not working would I still be able to petition for him? 

[aaron2020 11,651]

If you are a US citizen, in order to file for your husband, you will need a Joint Sponsor.  Since you are not working, you probably don't meet the financial requirements for the I-864.  You will need a Joint Sponsor who can meet the financial requirements.  

[Just Paul 4,595]

2 minutes ago, MRosario10 said:

He has an ITIN and has paid the taxes needed.

Surprised the IRS hasn't chimed in. They have been cracking down on the illegal use of ITIN. He is currently residing in the US.

[MRosario10 0]

I figured I wouldn’t be able to sponsor him. Can he apply on his own without a sponsor? He doesn’t have any family here?

[aaron2020 11,651]

5 minutes ago, MRosario10 said:

I figured I wouldn’t be able to sponsor him. Can he apply on his own without a sponsor? He doesn’t have any family here?

No.  

There is ONLY ONE WAY for him to be legal and get a SSN.  You have to file an I-130 petition for him.  You will need a Joint Sponsor who can meet the I-864 financial requirements since you can not meet them.  

P.S.  Having a SSN doesn't mean he can work legally.  Currently, your husband is working without legal authorization.  He needs either a green card or an EAD (Employment Authorization Document) in order to work legally.  A SSN allows the government to track his earnings for SS benefits and for tax purposes.  

 

Edited October 30, 2020 by aaron2020

[MRosario10 0]

Paul, how is he using it illegally if the purpose of receiving the ITIN is for people who do not have a  U.S. Social Security number, that’s including undocumented  immigrants, or am I wrong?  For them to pay the Federal Taxes? 

[MRosario10 0]

Aaron , thank you very much for clearing it all up for me. Have a great evening?

[aaron2020 11,651]

1 minute ago, MRosario10 said:

Paul, how is he using it illegally if the purpose of receiving the ITIN is for people who do not have a  U.S. Social Security number, that’s including undocumented  immigrants, or am I wrong?  For them to pay the Federal Taxes? 

Paul is wrong.

 

The ITIN allows him to report his income to the IRS.  The ITIN allows him to file a US tax return.  

 

Your husband's employer is illegally employing him since your husband does not have work authorization and can not meet the I-9 document requirements.  Your husband is working illegally since he does not have work authorization.  

 

 

[Just Paul 4,595]

He isn't able to obtain the Coronavirus $1,200 credit and his SSN and Medicare don't count until he becomes an LPR.   EITC and FUTA credits aren't henerally allowed.

 

Items requiring a social security card is not allowed with just an ITIN.

 

[MRosario10 0]

Paul, that’s fine he isn’t looking for any government help or handouts. I stopped working because of COVID and had the children at home so I took advantage and started school as well. He makes enough and we have enough money saved up to cover all of our expenses and more for a few years without me working. I understand the Medicare and SSN don’t count yet because he is not documented.