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

[Bjh 39]

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 4,145]

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 January 28, 2021 by HRQX

[Ayrton 965]

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.

[Siggy 42]

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

[payxibka 10,045]

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.

[Ayrton 965]

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 45,266]

Thread is locked in favor of thread in Tax & Finances forum.