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Filed: Timeline
Posted

Hi,

I am actually in the process of filling up I-485-I130, we gathered all of the papers, and are about to send them to the USCIS.

However, my husband is filling up his taxes right now, and as we are married he needs to specify it, but they are asking for my ssn which I do not have yet.

My question is should I fill up a W7 form in order to get a ITIN and join it to my husband taxes?

Because I read and it says to fill up for an ITIN only if you are un-eligible for a ssn. But am I un-eligible?

Also it says "By law, an alien individual cannot have both an ITIN and a SSN."

So does it mean if I am applying for ITIN, I will not be able to get a ssn anymore once the USCIS receive my paper, and want to process a green card after the interview?

I'm kind of confused of what to do, I would appreciate any help.

Thank you

Filed: AOS (apr) Country: Canada
Timeline
Posted

Hi,

I am actually in the process of filling up I-485-I130, we gathered all of the papers, and are about to send them to the USCIS.

However, my husband is filling up his taxes right now, and as we are married he needs to specify it, but they are asking for my ssn which I do not have yet.

My question is should I fill up a W7 form in order to get a ITIN and join it to my husband taxes?

Because I read and it says to fill up for an ITIN only if you are un-eligible for a ssn. But am I un-eligible?

Also it says "By law, an alien individual cannot have both an ITIN and a SSN."

So does it mean if I am applying for ITIN, I will not be able to get a ssn anymore once the USCIS receive my paper, and want to process a green card after the interview?

I'm kind of confused of what to do, I would appreciate any help.

Thank you

The ITIN makes your tax return take up to 3 months because you have to paper file and you have to wait for a number. We just sent in my husbands tax return as single and then when i get my SSN you can do a revised tax return for 49 dollars through H&R Block.

USPS sent AOS and I-130-2/20/2010

Arrived and received-2/22/2010

Checks Cashed-3/3/2010

All 3 NOA's Received-3/4/2010

All Forms Touched-3/4/2010

Biometrics Letter-3/11/2010 Appointment date 3/25/2010

I-130 and I-765 Touched-3/11/2010 though no e-mail update hmm.

Biometrics completed Walk-in-03/16/2010

I-485 and I-765 Touched-03/17/2010

Interview Letter-04/02/2010 for May 4th,2010

I-130 and I-485 Touched-04/23/2010

EAD Approved Card Ordered-5/3/2010

Interview-5/4/2010...APPROVED!!

Welcome Letter-5/10/2010

I-130 Approval Notice-5/10/2010

Green Card production Ordered Again-5/11/2010

EAD Received-5/24/2010

GREEN CARD RECEIVED FINALLY!!!-06/01/2010

Sent I-751 ROC-05/01/2012

Received and signed-05/02/2012

Filed: K-3 Visa Country: Thailand
Timeline
Posted

To file jontly you will need the ITIN number. To get that you send in the tax forms along with your personal info they ask for. There is a special address in Austin Texas to send all documents to. It will take 6 to 8 weeks to process yoir taxes. Make sure you follow the instructions exactly as indicated.

After you have your green card you can get your social security card which will allow you to file the next years taxes using that number. You will no longer need the ITIN number.

Posted

Slightly related to this question, what if you have a SSN, but it is stamped "Not authorized to work without DHS authorization"? Should I go ahead and use it to file jointly with my husband. (I had no income except a $1k stipend for a project done under CPT.)

Thanks!

08/08 - Arrived on F-1 visa

12/09 - Married

02/04/10 - AOS package sent to Chicago Lockbox by USPS Certified Mail

02/07/10 - Package received

02/12/10 - NOA Notice Date

02/22/10 - Biometrics letter received, appointment date 03/09/10 (Notice date 02/17/10)

02/23/10 - Biometrics done

03/08/10 - Second biometric letter received (retaking fingerprints), appointment date 03/22/10 (Notice date 03/03/10)

03/22/10 - Fingerprints retaken

04/12/10 - Interview letter received, appointment date 05/13/10 (Notice date 04/08/10)

04/23/10 - EAD card production ordered #1 (notified by text)

04/28/10 - EAD card production ordered #2 (notified by text)

04/30/10 - EAD approval notice (notified by text)

05/01/10 - EAD and AP received

05/13/10 - Interview appointment (approved)

05/14/10 - Approval (notified by text)

05/something/10 - "Welcome to the US" letter and I-130 petition approval letter received in the mail

Filed: IR-1/CR-1 Visa Country: Egypt
Timeline
Posted

Slightly related to this question, what if you have a SSN, but it is stamped "Not authorized to work without DHS authorization"? Should I go ahead and use it to file jointly with my husband. (I had no income except a $1k stipend for a project done under CPT.)

Thanks!

if you have a SSN number ...use it, you wilol be fine...already went thru this 2 years ago

Micky- Sabri

Filed: Country: Canada
Timeline
Posted

If you are in the U.S. living with your husband, I would go ahead and use the ITIN and file jointly. We did it and while it's true that the paperwork takes longer, it's also better for your AoS. You will have paperwork that shows that you filed together (a.k.a. commingling your resources).

Do Not let your husband file as single. Why? Because it's a lie. He's not single. If anything, he can file as Married filling separately. If it's already done, you can have your taxes amended tho. At the very least, you get more money back hehe.

my thoughts to you is to call H&R Block and request someone with ITIN experience as well as some immigration experience.

Adjustment of Status

11/03/10 ------- AoS (I-130/I-485) Package mailed out (Priority Mail)

11/07/10 ------- AoS Package received and singed for

11/10/10 ------- NOA1 received for I-130, I-485 and I-765 (emails)

11/12/10 ------- NOA1 received for I-130, I-485 and I-765 (hard copies)

11/12/10 ------- Touches on I-130, I-485 and I-765

11/19/10 ------- Biometrics appointment letter received

12/06/10 ------- RFE for I-693 (I think the issue is that it was not signed. Called USCIS and will receive a letter in a few days explaining)

12/13/10 ------- Biometrics done

12/16/10 ------- EAD card in production (email)

12/20/10 ------- Received "Letter of Explanation" for RFE (Service Request to expedite my case. Called USCIS and was told to ignore that and just send in response to RFE.)

12/22/10 ------- Touch (Email for Post Decision Activity on EAD saying that a letter of approval has been mailed out)

12/24/10 ------- Received EAD in the mail

12/27/10 ------- Applied for SSN

12/31/10 ------- Received Interview letter

01/03/11 ------- Received SSN card in the mail

01/07/11 ------- Mailed out response to RFE (I-693)

01/15/11 ------- Email confirming USCIS received RFE response

01/31/11 ------- Approved!

Pre-Adjustment of Status:

2006 -------- Met Online

02/07 ------- Visited him in the U.S. for what was suppose to be a few weeks (Came in with birth certificate and health card. Health card expired a few months after)

08/07 ------- Decided to get married because we didn't want to be apart (in the U.S.)

10/10 ------- USCIS Medical Done

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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