Applying for a K3 without a SSN

[R.Tope 0]

Hi everyone,

I'm new to all of this and I have read alot of other posts but none with a question quite like mine so I am eager to get your feedback on this. My husband and I have applied for a K3 visa sending all our paperwork through a lawyer. My husband has been self employed all his life running several businesses with his family but does not have a social security number which I know is very rare for most adult americans. Would this be a major problem in us getting approved??

[Darnell 8,478]

Your husband has been to see you, in yer foreign country? He's got a USA Passport?

What's his 'tax paying history' look like, on him, individually, and

how were the companies formed (what legal entity type) ??

[R.Tope 0]

Your husband has been to see you, in yer foreign country? He's got a USA Passport?

What's his 'tax paying history' look like, on him, individually, and

how were the companies formed (what legal entity type) ??

Yes he is currently living with me in my home country and does possess a US passport. He has a restaurant and work permit in Canada but because he has never had a SS number he has never had a job in the US, therefore never filed for taxes. The social security program is completely voluntary so I do not expect them to make it a mandatory requirement for this, but you never know!!

[Dakine 26]

Yes he is currently living with me in my home country and does possess a US passport. He has a restaurant and work permit in Canada but because he has never had a SS number he has never had a job in the US, therefore never filed for taxes. The social security program is completely voluntary so I do not expect them to make it a mandatory requirement for this, but you never know!!

If he hasn't ever paid taxes I imagine you guys are in for a bumpy ride. For 1 K3 visas are basically dinosaurs and COSTLY and you should have applied for a CR-1. Your lawyer SHOULD have explained that. Fire him as he's not up to date on current immigration process.

How will he qualify financially if he doesn't have tax records? Does he have LOTS of assets and cash in the bank?

Edited August 18, 2010 by Dakine

[R.Tope 0]

If he hasn't ever paid taxes I imagine you guys are in for a bumpy ride. For 1 K3 visas are basically dinosaurs and COSTLY and you should have applied for a CR-1. Your lawyer SHOULD have explained that. Fire him as he's not up to date on current immigration process.

How will he qualify financially if he doesn't have tax records? Does he have LOTS of assets and cash in the bank?

You can't pay taxes if you've never worked right so hopefully that shouldn't be an issue.... We only recently found out about the CR-1 and by then our K3 application was filed. He does have a lot of assets but his parents would be our sponsors in our application so the financial part is covered. I'm just really worried about the effect the lack of a SS number will have on our application

[Darnell 8,478]

if your husband lives with you in Trinidad and Tobago, a legal resident, for more than 6 months,

then strongly suggest to

Throw out the 'K-3' concept, completely,

and file for the I-130, via Direct Consular Filing

see http://www.visajourney.com/content/dcf

re: to pay taxes - hey ! if no income in USA, then no 'requirement' to file.

However - even with that said, he's gonna have to do some extra legwork to show income

for form I-864 or I-134.

The painful bit, for you and the lawyer, alas, is that the I-129F is administratively closed - see http://www.visajourney.com/news/2010/02/07/department-of-state-to-close-k-3-visas-if-i-129f-and-i-130-petitions-approved-and-received-together/

Y'all sit down tonight and tomorrow, you and yer husband, please study this stuff, yes?

[R.Tope 0]

if your husband lives with you in Trinidad and Tobago, a legal resident, for more than 6 months,

then strongly suggest to

Throw out the 'K-3' concept, completely,

and file for the I-130, via Direct Consular Filing

see http://www.visajourney.com/content/dcf

re: to pay taxes - hey ! if no income in USA, then no 'requirement' to file.

However - even with that said, he's gonna have to do some extra legwork to show income

for form I-864 or I-134.

The painful bit, for you and the lawyer, alas, is that the I-129F is administratively closed - see http://www.visajourney.com/news/2010/02/07/department-of-state-to-close-k-3-visas-if-i-129f-and-i-130-petitions-approved-and-received-together/

Y'all sit down tonight and tomorrow, you and yer husband, please study this stuff, yes?

Does he still need to show income if his parents are our Joint Sponsors?

I read the link about the K3 visa but it does not state that the K3 is administratively closed, it just states that if the 129F and I-130 are both received and approved at the same time then the need for a K3 ends and that particular application will be closed and you will be asked to submit an IR-1 application.

We are patiently awaiting our case number as we are in contact with his state congress woman who needs it to follow up and advise us what our options may be if the lack of a SS number will cause problems.

[milimelo 4,165]

Had to ask - since your husband is a USC, he is aware that he has to file taxes on his worldwide income, right?

Up to 80,000 USD is normally tax free so he better get that SSN and start filing back taxes - he as a primary sponsor does have to fill out the I-864 and provide tax returns or a letter stating why he hasn't filed taxes.

[pushbrk 12,086]

Had to ask - since your husband is a USC, he is aware that he has to file taxes on his worldwide income, right?

Up to 80,000 USD is normally tax free so he better get that SSN and start filing back taxes - he as a primary sponsor does have to fill out the I-864 and provide tax returns or a letter stating why he hasn't filed taxes.

Right, working at a job as an employee (or not) has nothing to do with whether he is required to file a tax return. His "income" may or may not be taxable but he needs to report it anyway. As your sponsor, he will be required to complete an I-864 affidavit of support and MUST be truthful. He'll be asked to state the income from his tax returns for the past three years and must do so truthfully. Time to file at least those tax returns. All this regardless of whether there will be a qualified joint sponsor.

To be very clear, what you have done is file a petition. No visa of any kind has been applied for. If you only filed the I-130, then you're on the CR1 or IR1 visa path, not the K3 path, so don't file any I-129F for spouse. If you already followed the I-130 with an I-129F, then expect the I-129F to die at NVC.

[R.Tope 0]

Right, working at a job as an employee (or not) has nothing to do with whether he is required to file a tax return. His "income" may or may not be taxable but he needs to report it anyway. As your sponsor, he will be required to complete an I-864 affidavit of support and MUST be truthful. He'll be asked to state the income from his tax returns for the past three years and must do so truthfully. Time to file at least those tax returns. All this regardless of whether there will be a qualified joint sponsor.

To be very clear, what you have done is file a petition. No visa of any kind has been applied for. If you only filed the I-130, then you're on the CR1 or IR1 visa path, not the K3 path, so don't file any I-129F for spouse. If you already followed the I-130 with an I-129F, then expect the I-129F to die at NVC.

One cannot report income they have NEVER received right? It's quite simple, because it is a family based business inclusive of the restaurant his parents are the ones who file for income tax. His role in the family business can be seen as voluntary. It is safe to say that he has never received income in his life. I know that our situation is a very unusual one so I appreciate all the feedback that we get.

[hamigirl710 112]

Am I understanding correctly that he is a USC?

I am confused on how he even got a US passport without a SS# it is requested right on the application see link below.

http://www.state.gov/documents/organization/79955.pdf?

Also if he is a USC and went to school here they ask for SS#'s for school enrollment and driver's licence, bank accounts, utility bills, student loans, medical insurance etc... it is near to impossible to live in the US without a SS#

And if he is living with you in your country have you considered Direct Consulate Filing?

[R.Tope 0]

Am I understanding correctly that he is a USC?

I am confused on how he even got a US passport without a SS# it is requested right on the application see link below.

http://www.state.gov/documents/organization/79955.pdf?

Also if he is a USC and went to school here they ask for SS#'s for school enrollment and driver's licence, bank accounts, utility bills, student loans, medical insurance etc... it is near to impossible to live in the US without a SS#

And if he is living with you in your country have you considered Direct Consulate Filing?

He obtained his passport with his US birth certificate. The social security program is a voluntary program that was never supposed to be used for identification. With regards to school, he attended private school which did not require you to have a SS number. He is the holder of a Canadian drivers license which makes him legible to drive in the US. Never had the need for a personal bank account or medical insurance. You can only apply for T&T residency if you have been living here for more than a year which he has not and then it takes 2 years to process residency so that won't be an option for us.

[Darnell 8,478]

OK - so a DCF'd I-130 is not in the cards.. I think.

He'll need to fill out an I-864, even to show 0 income, then his parents will provide an I-864 as well.

IMO, he'll need to include a letter as to 'why' he didn't have income.

[hamigirl710 112]

He obtained his passport with his US birth certificate. The social security program is a voluntary program that was never supposed to be used for identification. With regards to school, he attended private school which did not require you to have a SS number. He is the holder of a Canadian drivers license which makes him legible to drive in the US. Never had the need for a personal bank account or medical insurance. You can only apply for T&T residency if you have been living here for more than a year which he has not and then it takes 2 years to process residency so that won't be an option for us.

Well I wish you the best of luck, God willing it works out for you!

[R.Tope 0]

Well I wish you the best of luck, God willing it works out for you!

Thank you, I hope it does also. Thankfully our lawyer is so confident everything will work out fine that we have a money back guarantee if it doesn't.