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Wife had biometrics done 1/22, when can we expect her EAD/SSN?

By Bjh in Tax & Finances During US Immigration

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Bjh Enthusiast

Bjh   39

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Filed: K-1 Visa Country: Brazil
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As the title states. I need to file my taxes jointly with her and since we "applied for a SSN" with the i-797, she is technically "eligible" for a SSN and thus can't get an ITIN for tax filing purposes. It's going to be a real PITA given the glacial pace USCIS is moving with these forms however and we may need the SSN sooner than they will provide it.

 

Any way to maneuver around this?

HRQX Veteran

HRQX   4,145

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30 minutes ago, Bjh said:

since we "applied for a SSN" with the i-797, she is technically "eligible" for a SSN and thus can't get an ITIN for tax filing purposes.

That was not an application for SSN per the SSA POMS. Her SSN request will only be forwarded to SSA after I-765 approval.

 

She currently is not eligible for SSN because she doesn't have either EAD or GC. Thus she is eligible for ITIN. That being said, certain tax credits cannot be claimed with the ITIN, so might want to wait a bit longer for either EAD or GC (and thus subsequent SSN eligibility).

Edited by HRQX
Ayrton Proficient

Ayrton   965

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Filed: Citizen (pnd) Country: Brazil
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6 hours ago, Bjh said:

As the title states. I need to file my taxes jointly with her and since we "applied for a SSN" with the i-797, she is technically "eligible" for a SSN and thus can't get an ITIN for tax filing purposes. It's going to be a real PITA given the glacial pace USCIS is moving with these forms however and we may need the SSN sooner than they will provide it.

 

Any way to maneuver around this?

She is eligible for ITIN. 

 

Biometrics can happen at any time during the process, so there's no way to say how long after biometrics her EAD will be approved. What's more important is the receipt date. EAD is taking about 6-8 months now to get approved from receipt date. If you get a RFE, your EAD/AP application is put on hold until RFE is cleared.

payxibka Grand Master

payxibka   10,047

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Filed: AOS (apr) Country: Philippines
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7 minutes ago, Siggy said:

i have seen many experts suggesting to apply for SSN before egtting married (After arrival in USA), but these two posts are saying k1 aren't eligible for SSN? am i missing something here to undertsand? please help. i am in a same boat.. thank you all.

@Greenbaum @ayrton @hrqx

K1 is eligible only for the first 75 days after entry.

YMMV

Ayrton Proficient

Ayrton   965

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Filed: Citizen (pnd) Country: Brazil
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9 minutes ago, Siggy said:

i have seen many experts suggesting to apply for SSN before egtting married (After arrival in USA), but these two posts are saying k1 aren't eligible for SSN? am i missing something here to undertsand? please help. i am in a same boat.. thank you all.

@Greenbaum @ayrton @hrqx

K1 is technically eligible only while the I-94 is valid. But since it takes about 2 weeks to verify the system, you can only apply for it within the first 75 days. After that, they become ineligible, then a ITIN can be requested m

TBoneTX Grand Master

TBoneTX   45,705

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Filed: Citizen (apr) Country: Ecuador
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Thread is locked in favor of thread in Tax & Finances forum.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

 
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