AOS and Tax Questions

[M+L 2]

Hi,

I was just about to go apply for a SSN for my husband's tax purposes. I remember at my POE (Dublin, Ireland) the immigration officer clearly told me I cannot work.

However, according to the social security website, K-1s are allowed to apply for a SSN.

Please see document RM 00203.500 Employment Authorization for Nonimmigrants scroll down to the table under the section "C. Policy - Employment Authorization by Class of Admission" point "1. Aliens Work Authorized Without Specific DHS Authorization".

K-1 is listed as admissable.

My conclusion is: I'm confused, but will give it a try tomorrow anyway (will probably bring a print out of this document in case I need it)

Good luck everyone!

[rin and john 71]

Perhaps I wasn't clear enough. My wife has been here well over a year and we are only now filing for AOS. The temporary work authorization she received (I-94?) when arriving has expired right? Also my intent was to file head of household, not married, as my wife has had no income since she's been here. Unless someone can clarify about these things I'll take the Form W-7 advice, for which I am grateful. Donny.

Did your wife apply for a SSN when she was work eligible? The I-94 does not make her work eligible. But K-1's can get an EAD stamp in their passport upon entry. JFK is about the only POE that does this on a regular basis.

Why would you file HOH instead of MFJ? Whether she had income or not would not make a difference.

Sorry to disagree and sorry you also got bad information. K-1s and K-3s CAN receive a SSN as soon as they set foot here, it is NOT valid for work unless accompanied by another form of DHS work authorization. It has nothing to do with the stamp that used to be given at JFK. My wife received hers the day after she arrived. It is not uncommomn for the paid-by-the-pound clerk at the SS office window not to know the rules, the one we saw when we went with my wife did. The one we saw when we went with my step-son did not. So we asked for the supervisor and waited the 30 minutes or so to see her, who then had to cnsult with HER supervisor before we got someone that knew as much as we did. It is not unusual to have to inform government employees of the laws, best to be familiar with them. Sometimes it is necessary to ask for a supervisor. The issuance of an SSN does not authorize work.

Your problem is that you did not go for the SSN the day after she arrived and now her I-94 is expired and you did not file for AOS yet. OK, for whatever reason, you allowed that to expire and did not get an SSN immediately, I do not know why and it isn't my business. Have you filed for AOS now? It will take 2-3 months to get the green card and then you can file your taxes (file an extension if you have to) there is no way I would have missed out on the first year benefits of going from single to married with dependents over something like an SSN.

Filing HOH is your decision and based on your tax situation.

The link in the previous post notes that K-3's cannot get a SSN without EAD or GC. K-1's can (with the I-94 and without the stamp - on that, I stand corrected!)

Edited February 23, 2009 by rin and john

[Nich-Nick 3,353]

Hi,

I was just about to go apply for a SSN for my husband's tax purposes. I remember at my POE (Dublin, Ireland) the immigration officer clearly told me I cannot work.

However, according to the social security website, K-1s are allowed to apply for a SSN.

Please see document RM 00203.500 Employment Authorization for Nonimmigrants scroll down to the table under the section "C. Policy - Employment Authorization by Class of Admission" point "1. Aliens Work Authorized Without Specific DHS Authorization".

K-1 is listed as admissable.

My conclusion is: I'm confused, but will give it a try tomorrow anyway (will probably bring a print out of this document in case I need it)

Good luck everyone!

Go quickly because if you are too near the expiration of your I-94, they won't give you a SSN. Often it's 14 days left on the I-94 that's required. Take that document with you. We needed it to point the inexperienced worker in the right direction.

FYI : Visa Journey outlines the SS process http://www.visajourney.com/forums/index.ph...om&page=ssn

[leapoffaith 0]

Hi All

I don't mean to hijack this thread but I need relevant info pertaining to this thread.

I am on K1 visa and married on 20th Jan 09. Today I asked my wife to jointly file for tax but she said that

she has to file for 2007 (maybe 08) and she can't do that right now. She can for the next year ? I really dont

understand how the financial year works here in US.

Can somebody suggest what I should ask her to do which could prove beneficial at the AOS interview ?

[rin and john 71]

Hi All

I don't mean to hijack this thread but I need relevant info pertaining to this thread.

I am on K1 visa and married on 20th Jan 09. Today I asked my wife to jointly file for tax but she said that

she has to file for 2007 (maybe 08) and she can't do that right now. She can for the next year ? I really dont

understand how the financial year works here in US.

Can somebody suggest what I should ask her to do which could prove beneficial at the AOS interview ?

The US tax year is January 1 to December 31. Filing taxes is essentially a "reconcilliation" with the IRS. Each month you pay taxes out of your paycheck. Then once a year (between Jan 1 and April 15), you complete a tax return to "reconcile" what your tax liability was for previous year. If too much tax was withheld from your paycheck to cover your tax liability, you get a refund; if not enough was withheld from your paycheck, you owe the IRS the difference.

Marital status is determined by your status on December 31 (except in certain cases such as death of a spouse). So your wife can only be single or head-of-household (if she had a dependent) for tax year 2008. The two of you can file married filing jointly for tax year 2009 (to be filed next year between Jan 1st and April 15th).

With regard to filing AOS, having joint bank accts, being the beneficiary on life insurance policies, adding your name to the lease, etc will assist in proving your relationship is bonafide. Since you married in 2009, they won't expect a joint tax return.

[leapoffaith 0]

thank you Rin & John, this makes sense to me.

[M+L 2]

Go quickly because if you are too near the expiration of your I-94, they won't give you a SSN. Often it's 14 days left on the I-94 that's required. Take that document with you. We needed it to point the inexperienced worker in the right direction.

I did go today, and yes you were right, the person behind the counter at the SS office wasn't sure what to do at first, claiming that although I am K-1, it stands for 'fiancee of a US citizen' and now that I'm married I'm not K-1 anymore (eventhough my K-1 hasn't expired yet).

Nevertheless she finally put it into the system anyway but said it would go through DHS first.

What confuses me is, even if I get a SSN, I haven't applied for EAD yet, so I shouldn't be allowed to work? Yet when I asked about whether I will get a SS card that will say 'working only allowed with DHS approval' she said those cards don't exist anymore?? It doesn't bother me too much since I don't plan to work yet, just want a SSN.

I was contemplating afterwards how it was rather funny that to the person at the SS office I seemed to have less rights because I'm married now, while DHS should be happy I'm actually sticking to what I said I would do which was marry my fiance

[Nich-Nick 3,353]

Social Security Administration and DHS, which USCIS falls under to issue you the green card, are two separate government agencies. Add to the mix the Dept of State, which issued your K1 visa. The different agencies don't really communicate well. So when one makes a new ruling, the other's may have conflicting rules, but try to modify their procedures to comply somewhat with the others. That's why it gets a little weird when you're caught in the middle with a K1 vsa from the DOS, waiting on AOS from USCIS and DHS, and wanting a SSN.

I'm not sure why she said your card has to go through DHS. They are supposed to find your name from the DHS list and issue the card, but she should have been able to confirm finding your name on the spot. Did you use your name as written on the I-94, your maiden name? If you used your married name, then it's going to get kinda lost until somebody matches you up. Otherwise you will have the card in about 2 weeks.

[M+L 2]

Yes I kept my name to get through these 'crazy' procedures first with as little problems as possible. She also photocopied my marriage certificate and 1-94. I hope all goes well!

[Jack and Barbara 0]

FYI for K-1 visa holders

If you don't file for SSN no later than 14 days before I-94 expires, you need to wait until you apply for AOS and receive EAD (you don't have to wait until you get a conditional GC).

[Nich-Nick 3,353]

FYI for K-1 visa holders

If you don't file for SSN no later than 14 days before I-94 expires, you need to wait until you apply for AOS and receive EAD (you don't have to wait until you get a conditional GC).

Yep, that's true. There's a VJ guide that outlines getting a social security card. Just click on the Guides tab in the menu. It's on the right hand side of the page, about 3 or 4 links down.

[Jack and Barbara 0]

Also, while the ITIN is possible and might be the only case for K1 holders in-between expired I-94 and awaiting EAD arrival process, it might be better to wait and apply for SSN (if possible - have until mid-April to file) because it is less complicated and you can try and get the $600 rebate from last year, whereas you cannot get it as long as you have the ITIN. You can amend tax returns for the past 3 years in case the ITIN is your only option.

I called my tax guy but never heard back on the rebate (I am certain we are eligible and every but helps...)

[hopeful1 0]

Hi folks.

How do I file taxes without my wife having a SSN? They won't give her one until the AOS Petition has been approved and I need my taxes complete for the support document. Has anyone else run into this problem? Also which name do I use on the AOS paperwork? Her maiden or marriage name? Any help is greatly appreciated.

Donny

Donny, someone is giving you very bad information. My wife (then fiancee) got her social security number the day after she arrived. K-1, K-3 visa holders can get the SSN right away. If you have any trouble at the SS office, ask for a supervisor. She will need to have an SSN or you cannot claim her on your taxes. She is definitely entitled to an SSN and she does not have to wait until AOS to be completed. She doesn't even have to wait until she is married, we were not.

Here is a tip at the SS office. Apply for her card in her maiden name, exactly as it is in her passport. DO NOT do a name change with SS now, it will take weeks and weeks to get the card. Use her name exactly as the passport and then change it later. If you file taxes electronically it will take TWO WEEKS for the IRS computers to catch up with the SS computers and your return will be rejected until they get your wife in the system. If you file a paper return, no problem.

We had this problem with Alla's son, who could NOT receive an SSN until AOS was complete. (k-1 and K-3 visa holders can get one right away, K-2 and K-4 cannot) We got his SSN and I filed taxes the same day. Rejected. It took two weeks until the return was accepted.

For the AOS you can file with your 2007 return right now if you want. I attached my 2007 return to our AOS filed in November (of course) and did not have the 2008 return prepared before the interview in January, no questions asked. If you have not changed her name with the SSN (I suggest you do not right now) you can file taxes with her maiden name, just be sure everything "matches", change the name later. There is NO NEED to change her name for the AOS, my wife did not (and does not plan to) change her name. You should also need an SSN to add her to your bank account, but this may be a bank policy, not law. Not sure, but we needed the SSN to add my wife at the bank. The AOS will look to a joint bank account as primary evidence you are married, however they never looked at any of our evidence in the interview, but I had it just in case.

She should get an SSN now, really, get with a supervisor and sort this out, it is not correct. Once you apply for the SSN, you can return to the office the next day and they can give you the number, but you will wait a week or so for the card to arrive. Your wife will have to return for the number, they will NOT give it to you. You can prepare your taxes as soon as you have that number and file a paper return; electronic, as I said, will have to wait two weeks.

My wife was given an SSN# 1 week after we married, go to your local office on Mon. I have read conflicting reports of when an ssn# is given, the only way to know is to just go to your local office and apply for one. I was under the assumption that my wife wouldn't qualify for one, but I went to the local ss admin office, applied with my wife, the whole process took 15 minutes, the ssn was received 1 week later in the mail with a stamp "not valid for work until authorized by DHS"

"just do it"

I forgot to mention, by changing your filing status to Married filing jointly, you will qualify for additional money from last years econmic stimulus, which is now referred to as the rebate recovery, which was why I was so motivated to get that ssn for my wife! In my case 1200 extra on my return

Are you saying the you can file an amended return and get this money?! I filed a joint return, but at the time my wife had a TIN number and I was told by the IRS that I why I didn't rewceive the $1200.

[rin and john 71]

Are you saying the you can file an amended return and get this money?! I filed a joint return, but at the time my wife had a TIN number and I was told by the IRS that I why I didn't rewceive the $1200.

Yes.

Does your wife have her SSN yet?

[Eric-Pris 1,602]

Perhaps I wasn't clear enough. My wife has been here well over a year and we are only now filing for AOS. The temporary work authorization she received (I-94?) when arriving has expired right? Also my intent was to file head of household, not married, as my wife has had no income since she's been here. Unless someone can clarify about these things I'll take the Form W-7 advice, for which I am grateful. Donny.

If you are married, you SHOULD file "Married filing jointly", it's a bigger standard deduction. It does NOT matter if your wife worked or not.

Edited February 27, 2009 by Eric-Pris