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K-2 questions

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Filed: K-1 Visa Country: Canada
Timeline

A few questions about children:

They arrived in the US in September. I understand that they cannot receive their SSN until the AOS is through, but that we can file for a tax number. Is this correct?

Can they be listed in my husband's income tax as dependents? He does his own, and it seems that they would have had to be here for 6 months out of 2005, but it is not clear. And, if not, do they have to be listed on the tax return?

Thank you.


Application

02/09/04 - met online on eHarmony.co

11/12/04 - engaged!!

01/05/05 - sent in I-129F to Nebraska

01/13/05 - NOA1 !!!!!

03/12/05 -email notice of RFE sent

04/13/05 - NOA2 !!!!!!!!!!!!! - 90 days

04/29/05 - receives case and issues # 107 days

05/02/05 - Medical interviews in Calgary

05/06/05 - mail notice that petition has arrived

05/13/05 - receive packet 3!

06/03/05 - Interview!!!!!!!!!

06/03/05 - 2pm, all 4 visas in hand!!!

06/26/05 - crossed the border at Idaho, no problems

07/03/05 - Wedding day!!!!

AOS

07/22/05 - AOS, AP applications in mail, just for myself as children have not yet arrived in the USA

09/09/05 - children arrive, yea!!!

09/12/05 - appointment for all at civil surgeon

09/17/05 - AOS, AP applications sent for children

Nov/05 - received APs for children, but not me

01/08/06 - contacted senator's office re AP not received

02/10/06 - finally (9months) received AP

04/18/06 - Interview in Spokane, Approved for me, not for children

04/24/06 - sent in waivers for immunization forms

04/27/06 - green card came for me

05/03/06 - letter of acceptance of waivers and approval of AOS for children

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Filed: Timeline
A few questions about children:

They arrived in the US in September. I understand that they cannot receive their SSN until the AOS is through, but that we can file for a tax number. Is this correct?

For them to be assigned a work authorized SSN you either spring for the EAD card or wait until the AOS is approved and they are issued an I-551 stamp or card.

In the meantime, just apply for an ITIN with IRS.

If not eligible to be assigned an SSN, Social Security offices can provide written notice using Form SSA-L676 to explain that an SSN cannot be assigned due to the applicant not having provided authorization to work in the U.S. or evidence of a valid nonwork reason for needing an SSN.

The following are valid nonwork reasons:

-- Receive Social Security benefits

-- Receive Medicaid

-- Temporary Assistance for Needy Families (TANF)

-- Food Stamps

-- State/Local General Assistance Benefits

The Internal Revenue Service (IRS) assigns individual taxpayer identification numbers (ITIN) to aliens for tax purposes who are not eligible to be assigned an SSN. A Form W-7, “Application for an Individual Taxpayer Identification Number,” needs to be submitted to receive an ITIN.

You can download a form W-7 from the IRS Website at:

http://www.irs.gov/formspubs/index.html

You may also contact the IRS ITIN office by calling 1-215-516-4846.

You can find additional information on the IRS Website at:

http://www.irs.gov/individuals/article/0,,id=96287,00.html

Just be sure to contact IRS after the children are assigned an SSN if they are issued an ITIN.

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We've just included our son on our tax submission. As he does not have a SSN because his EAD is not yet approved etc, we simply had to submit form W-7 along with its evidences to our tax man and let him do his stuff.


OUR TIMELINE

K1 VISA & MARRIAGE - 8 MONTHS

17 February 2004 Sent I-129F petition CSC - It was APPROVED in 147 days

3 September 2004 INTERVIEW IN LONDON SUCCESSFUL VISA APPROVED! MARRIED OCTOBER 16, 2004

ADJUSTMENT OF STATUS - 5 MONTHS

4 January 2005 - Submitted applications for AOS and EAD - 12 May 2005 Conditional Permanent Residency Approved - interview in Santa Ana

4 June 2005 CPR 2-year Green Card arrives in mail

REMOVAL OF CONDITIONS - 3½ MONTHS

8 May 2007 - I-751 sent to CSC - 23 August 2007 - Approved - Card production ordered

30 August 2007 - 10 year Green Card received

K2 TIMELINE (Stayed behind in UK to finish school)

28 March 2005 - embassy interview & medical London - visa granted

01/18/06 Applications for AOS/EAD sent - 03/28/06 EAD approved

4/3/06 - RFE for AOS - requested new medical and vacc supplement

4/26/06 - approved without interview and welcome letter sent

05/02/2006 - Greencard arrives in mail

03/14/08 - Petition to Remove Conditions mailed to CSC delivered - 7/2/08 APPROVED

NATURALIZATION TIMELINE (for myself and son) 5 MONTHS

April 18, 2011 - N-400 Applications Mailed to AZ lockbox

April 21 (received April 25) NOAs

May 12 - FP Letters mailed

May 16 - Received FP appointment letters for June 8 at 11am

August 1 - Interview - approved for Oath Ceremony - OATH CEREMONY 28 SEPTEMBER

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Filed: K-1 Visa Country: Canada
Timeline

Thanks so much. I also discovered the answer to my second question. Since my husband and I are filing jointly, and the children have lived with me more than six months, even though part of that time was in Canada, we can claim them as dependents.


Application

02/09/04 - met online on eHarmony.co

11/12/04 - engaged!!

01/05/05 - sent in I-129F to Nebraska

01/13/05 - NOA1 !!!!!

03/12/05 -email notice of RFE sent

04/13/05 - NOA2 !!!!!!!!!!!!! - 90 days

04/29/05 - receives case and issues # 107 days

05/02/05 - Medical interviews in Calgary

05/06/05 - mail notice that petition has arrived

05/13/05 - receive packet 3!

06/03/05 - Interview!!!!!!!!!

06/03/05 - 2pm, all 4 visas in hand!!!

06/26/05 - crossed the border at Idaho, no problems

07/03/05 - Wedding day!!!!

AOS

07/22/05 - AOS, AP applications in mail, just for myself as children have not yet arrived in the USA

09/09/05 - children arrive, yea!!!

09/12/05 - appointment for all at civil surgeon

09/17/05 - AOS, AP applications sent for children

Nov/05 - received APs for children, but not me

01/08/06 - contacted senator's office re AP not received

02/10/06 - finally (9months) received AP

04/18/06 - Interview in Spokane, Approved for me, not for children

04/24/06 - sent in waivers for immunization forms

04/27/06 - green card came for me

05/03/06 - letter of acceptance of waivers and approval of AOS for children

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