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Filed: K-1 Visa Country: Philippines
Timeline

We filed for my wifes AOS a week or so ago. She didnt get an SS# when she entered the US on a K-1 visa. ( my fault). It is tax time now but I need a ITIN or SS# so I can file. I dont want to get the tax id and then her EAD comes in creating confusion.

Should I just wait for the EAD?

ITIN takes 8-10 weeks to get this time of year. I can drive to Topeka where there is a Tax assistance center. They can process it there but I don't know if she would get the ITIN the same day or not.

Any thoughts?


November 2009- Met online

May 13,2010- Visited in Cebu, Philippines

July 01, 2010 I-129f mailed to Cali

July 06,2010- USCIS confirmed delivery

July 12,2010- NOA-1

July 21,2010- file touched

Nov. 19,2010- NOA2 Approved!!!!

Nov. 24, 2010- NVC received

Nov. 30,2010- Hardcopy recieved in mail

Nov. 30, 2010-case number received from NVC via phone

case forwarded to Manilla

Dec. 06, 2010- paid Visa fee at BPI

Dec. 07,2010-Embassy recieved

Dec. 28, 2010- Appt. finally scheduled

Jan. 11,2011- Medical exam

Jan. 18,2011- Interview APPROVED!!!

Jan. 19,2011- Visa printed

Jan. 22, 2011- Visa delivered

Jan. 30, 2011- Guam

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Filed: Citizen (apr) Country: Jamaica
Timeline

I do not think she get an ITIN. It is for those who are ineligible for SS# and she is eligible. She's in the process and the ITIN guidelines states that you cannot be in the position to get a SS#. File for late tax submission and wait on the EA,D or find out if you can still get an SS# at this time.


STANLEY & KAREN
01/15/2009 - Fedex I-130, I-485, I-693, I-864, I-765, G-325A
01/20/2009 - Received in mail-room and signed for by J CHYBA
01/28/2009 - Checks cashed by Homeland Security
02/02/2009 - Received in mail 3 pcs of NOA1 one each for I-485, I-130, I-765 dated 01/28/2009
02/03/2009 - Received email RFE. What did I not send now, whew!
02/09/2009 - Received mails for initial evidence and Biometric appointment (02/19/2009); mailed evidence
02/19/2009 - biometrics done - in a out in 45 minutes
03/14/2009 - Receive NOA2 dated 03/10/2009. AOS interview April 29, 2009
03/18/2009 - Touched. EAD Card production ordered
03/25/2009 - Touched. EAD approval sent
03/27/2009 - EAD card received in the mail; applied for SS# immediately (office is across the street from my home)
04/02/2009 - Received SS# in the mail
04/29/2009 - Interviewed. I- 130 approved, I-485 pending IO's review
05/05/2009 - Received NOA2. Welcome letter for Permanent Residency. I-130 and I-485 approved 04/30/2009
05/08/2009 - Touched. I-485 approval letter sent
05/11/2009 - GC received in the mail. Expires 2019
05/11/2009 - Applied to remove restrictions on my SS Card
05/18/2009 - Received unrestricted SS card

10/13/2009 - My darling husband of 2 yrs 5 months 3 weeks 3 days passed away :(

Naturalization Process (5 Yrs Later) :goofy:

Mar 28, 2014 - Mailed N-400
Apr 08, 2014 - Check cashed
Apr 09, 2014 - Receive Notice letter Priority date April 3, 2014
Apr 11, 2014 - Touched - Email - Biometrics letter mailed
May 08, 2014 - Biometrics done
May 12, 2014 - Touched - Email - In line for interview scheduling
July 12, 2014 - Pre-interview letter (Yellow letter) received in mail
Aug 20, 2014 - Touched - Email - Interview scheduled
Aug 25, 2014 - Interview scheduled for Sept. 24, 2014
Sept 24, 2014 - Passed interview
Oct 06, 2014 - Touched - Email - In oath scheduling que
Oct 08, 2014 - Touched - Text - Oath ceremony scheduled
Oct 14, 2014 - Received letter - Oath ceremony Oct 28, 2014
Oct 28, 2014 - I AM A US CITIZEN! :joy: :joy: :joy:
Nov 12, 2014 - Updated my status from permanent resident to citizen at Social Security
Nov 14, 2014 - Applied for US passport
Nov 29, 2014 - Received US passport book
Dec 01, 2014 - Received Passport card
Dec 04, 2014 - Received Naturalization Certificate

--------------------
KayCee

Ccut.jpg.png

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From the instruction, you can't get an ITIN unless you need it to file taxes. You guys didn't get married before Dec 31. Just wait for EAD and get the SSN after that. It's not worth the hassle for the ITIN as it does nothing for you other than let you claim your wife as a dependent...which you can't because you weren't married until january sometime right?


For our Full timeline

event.png

Removal of conditions Journey

16 March 2012 Sent I-751 package from Aviano AB, Italy.

29 March 2012 Received everything back...wrong fee. thought we didn't have to pay biometrics since we were sending fingerprint cards and passport photos.

30 March 2012 Sent everything out again from Aviano AB, Italy.

10 April 2012 Check cashed

17 April 2012 Received NOA1 dated 6 April.

06 Dec 2012 Received 10 yr green card. Letter said it was approved 28 November 2012.

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You can always file for an extension,,, If you will owe taxes,, just need to send in the estimated taxes... Then file

your 1040 when you get her SSN..

Regards,

dc

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Filed: K-1 Visa Country: Philippines
Timeline

ITIN guidelines say that you cannot get a ITIN if you are eligible for a SS#. She is not eligible for a SS# now since her 90 day fiance visa has expired. She is not in the process for the SS number as we are waiting for the EAD so we can file for the SS#.

We were married April 25, 2011 so I can deduct for her as a dependant. My refund is substantial and would be nice to have so thats why I am pondering over the ITIN. Unfortunately, I just found out about it or I would have filed for it a couple of months ago.


November 2009- Met online

May 13,2010- Visited in Cebu, Philippines

July 01, 2010 I-129f mailed to Cali

July 06,2010- USCIS confirmed delivery

July 12,2010- NOA-1

July 21,2010- file touched

Nov. 19,2010- NOA2 Approved!!!!

Nov. 24, 2010- NVC received

Nov. 30,2010- Hardcopy recieved in mail

Nov. 30, 2010-case number received from NVC via phone

case forwarded to Manilla

Dec. 06, 2010- paid Visa fee at BPI

Dec. 07,2010-Embassy recieved

Dec. 28, 2010- Appt. finally scheduled

Jan. 11,2011- Medical exam

Jan. 18,2011- Interview APPROVED!!!

Jan. 19,2011- Visa printed

Jan. 22, 2011- Visa delivered

Jan. 30, 2011- Guam

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Filed: Country: Mexico
Timeline

ITIN guidelines say that you cannot get a ITIN if you are eligible for a SS#. She is not eligible for a SS# now since her 90 day fiance visa has expired. She is not in the process for the SS number as we are waiting for the EAD so we can file for the SS#.

We were married April 25, 2011 so I can deduct for her as a dependant. My refund is substantial and would be nice to have so thats why I am pondering over the ITIN. Unfortunately, I just found out about it or I would have filed for it a couple of months ago.

A spouse is not claimed as a dependent on taxes.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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Filed: K-1 Visa Country: Philippines
Timeline

I dont know why I am even responding to your post but I just had to. A spouse can be claimed as a dependant if they are filing seperately and not a joint return. Irregardless, my use of the term "dependant" was only meant to refer that filing my taxes with her does gain several tax saving benifits. I wasnt looking for the definition of dependant. I am looking for any suggestions in regards to my original post that would help. Your post was useless and incorrect(depending on the filing status).


November 2009- Met online

May 13,2010- Visited in Cebu, Philippines

July 01, 2010 I-129f mailed to Cali

July 06,2010- USCIS confirmed delivery

July 12,2010- NOA-1

July 21,2010- file touched

Nov. 19,2010- NOA2 Approved!!!!

Nov. 24, 2010- NVC received

Nov. 30,2010- Hardcopy recieved in mail

Nov. 30, 2010-case number received from NVC via phone

case forwarded to Manilla

Dec. 06, 2010- paid Visa fee at BPI

Dec. 07,2010-Embassy recieved

Dec. 28, 2010- Appt. finally scheduled

Jan. 11,2011- Medical exam

Jan. 18,2011- Interview APPROVED!!!

Jan. 19,2011- Visa printed

Jan. 22, 2011- Visa delivered

Jan. 30, 2011- Guam

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Filed: Citizen (apr) Country: Australia
Timeline

I dont know why I am even responding to your post but I just had to. A spouse can be claimed as a dependant if they are filing seperately and not a joint return. Irregardless, my use of the term "dependant" was only meant to refer that filing my taxes with her does gain several tax saving benifits. I wasnt looking for the definition of dependant. I am looking for any suggestions in regards to my original post that would help. Your post was useless and incorrect(depending on the filing status).

No. Your post is incorrect. A spouse is not a dependent but filing with your spouse can increase your return because it enables you to apply for different exemptions and credits. I understand that you state you weren't using the term dependent in the way it is normally used for tax reasons, but given this forum is read by other people it's usually best to use proper wording. Again, your spouse is NOT your dependent on taxes... ever. Here it is from the IRS: http://www.irs.gov/newsroom/article/0,,id=252258,00.html , see #2.

File for an ITIN or an extension. The W-7 will be filed WITH your tax return and it won't slow your refund down. They will simply attach the ITIN info when it is processed. She is not presently eligible for a SSN (her I-94 is expired and there is no EAD yet) so filing for the ITIN should be fine. BUT if you're able to file for an extension instead until you get the SSN that would be preferable (in my opinion).

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Filed: Country: Mexico
Timeline

I dont know why I am even responding to your post but I just had to. A spouse can be claimed as a dependant if they are filing seperately and not a joint return. Irregardless, my use of the term "dependant" was only meant to refer that filing my taxes with her does gain several tax saving benifits. I wasnt looking for the definition of dependant. I am looking for any suggestions in regards to my original post that would help. Your post was useless and incorrect(depending on the filing status).

I was not incorrect. I was clearing up something so people reading this forum later would not be confused. You can never claim a spouse as a dependent, even when filing separately.

Personally I would file an extension and wait until she gets her EAD so she can get her SSN, then file jointly. Showing joint taxes helps down through the line of immigration from AOS to ROC to naturalization. However, if you do not want to wait, do as Vanessa&Tony suggested and file the form for the ITIN with your taxes before the deadline.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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Filed: K-1 Visa Country: Philippines
Timeline

On the W-7 instructions it states to file my taxes with the ITIN request. This time of year, the approval takes 8-10 weeks plus however long the IRS would have it so there is a definate delay. I think i'll just wait for the EAD and get the SS#. Thanks for everyones assistance. I got the email today that our file has been forwarded and the 767(I think) we will have in about 10 days.


November 2009- Met online

May 13,2010- Visited in Cebu, Philippines

July 01, 2010 I-129f mailed to Cali

July 06,2010- USCIS confirmed delivery

July 12,2010- NOA-1

July 21,2010- file touched

Nov. 19,2010- NOA2 Approved!!!!

Nov. 24, 2010- NVC received

Nov. 30,2010- Hardcopy recieved in mail

Nov. 30, 2010-case number received from NVC via phone

case forwarded to Manilla

Dec. 06, 2010- paid Visa fee at BPI

Dec. 07,2010-Embassy recieved

Dec. 28, 2010- Appt. finally scheduled

Jan. 11,2011- Medical exam

Jan. 18,2011- Interview APPROVED!!!

Jan. 19,2011- Visa printed

Jan. 22, 2011- Visa delivered

Jan. 30, 2011- Guam

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Filed: Citizen (apr) Country: Australia
Timeline

On the W-7 instructions it states to file my taxes with the ITIN request. This time of year, the approval takes 8-10 weeks plus however long the IRS would have it so there is a definate delay. I think i'll just wait for the EAD and get the SS#. Thanks for everyones assistance. I got the email today that our file has been forwarded and the 767(I think) we will have in about 10 days.

The approval for the ITIN takes that long yes but that doesn't slow down your return. i can't be bothered searching for the link for it. Waiting for the EAD is the better option in my opinion anyway.

I'm not sure what you're getting "in about 10 days" but ok

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