I-485, tax returns requested, but no SSN

[Britta44 0]

Hi everyone,

I have been reading Visajourney.com for a whIle now and I always got my answers... But now, I feel pretty lost.

I'm a Swiss woman who got married to an American on Dec 11, 2012 on a K1 visa. I applied for SSN on Jan 30, 2013, my I-94 expired on Feb 25, 2013. I got denied for SSN because of my expired I-94. Which is strange, since I applied for the SSN almost 4 weeks before the I-94 expiration date.

So I thought, no problem, I still can apply for my AOS. I mailed my I-485 on Feb 25, 2013 and got the AOS that they received my documents on March 6, 2013.

Last week I received a letter from department of homeland security that I need to submit the tax returns for the most recent Tex year. We only sent the tax returns for 2011. Tax returns can only be submitted with a SSN, which I don't have. So, I went to IRS today to obtain a TIN number. Problem: they need approx. 12 to 18 weeks to finalize the taxes.... I called USCIS today and I unfortunately didn't get the answer I was looking for. All what the man told me, was that I must meet their request within the time. I'm afraid I won't be able to meet their requirements in time.

Can I just write the whole story to USCIS and they will give me more time or...?

Thank you for your answers and support. Not an easy day.....

Britta

[didopage 337]

Have you decided to change name when you got married? If yes, that may be the reason why your SSN was denied: because they couldn't find you in their database with your new name.

Do you mean that you received a Request for Evidence? If yes, they don't want a tax return from you, the applicant, but from your sponsor (which should be your husband), or from your joint-sponsor if you have one. Your sponsor is a US citizen and most likely have a SSN. Has your husband filed his 2012 taxes yet? Do you have a copy of it?

Edited March 28, 2013 by didopage

[Inky 1,111]

Hi everyone,

I have been reading Visajourney.com for a whIle now and I always got my answers... But now, I feel pretty lost.

I'm a Swiss woman who got married to an American on Dec 11, 2012 on a K1 visa. I applied for SSN on Jan 30, 2013, my I-94 expired on Feb 25, 2013. I got denied for SSN because of my expired I-94. Which is strange, since I applied for the SSN almost 4 weeks before the I-94 expiration date.

So I thought, no problem, I still can apply for my AOS. I mailed my I-485 on Feb 25, 2013 and got the AOS that they received my documents on March 6, 2013.

Last week I received a letter from department of homeland security that I need to submit the tax returns for the most recent Tex year. We only sent the tax returns for 2011. Tax returns can only be submitted with a SSN, which I don't have. So, I went to IRS today to obtain a TIN number. Problem: they need approx. 12 to 18 weeks to finalize the taxes.... I called USCIS today and I unfortunately didn't get the answer I was looking for. All what the man told me, was that I must meet their request within the time. I'm afraid I won't be able to meet their requirements in time.

Can I just write the whole story to USCIS and they will give me more time or...?

Thank you for your answers and support. Not an easy day.....

Britta

Actually the tax returns can be done without an SSN from the immigrant. The US citizen files taxes married separately and then puts NRA in the SSN spot for the alien.

[Britta44 0]

First, thanks for answering....

I did change my name. This could be the reason. Ok.

Yes, I mean request for evidence (sorry) and yes I do understand what you mean that they want to have the tax returns from my husband for 2012. But my thought was that I have to be in there too, since we married in december 2012. Right?

[JCarva 1]

First, thanks for answering....

I did change my name. This could be the reason. Ok.

Yes, I mean request for evidence (sorry) and yes I do understand what you mean that they want to have the tax returns from my husband for 2012. But my thought was that I have to be in there too, since we married in december 2012. Right?

Hi Britta, going back to the subject about the tax return. You CAN file a tax return ALONG with your husband, and MARRIED FILING JOINTLY. The way to do this is by filling out the IRS form W-7. Please download the form AND the instructions, I suggest you go with your husband, and the filled out W-7 form to your local IRS office, there you'll be able to apply for the personal tax id number and file the tax return married filing jointly!!

Take care and good luck...

[Britta44 0]

Hi Britta, going back to the subject about the tax return. You CAN file a tax return ALONG with your husband, and MARRIED FILING JOINTLY. The way to do this is by filling out the IRS form W-7. Please download the form AND the instructions, I suggest you go with your husband, and the filled out W-7 form to your local IRS office, there you'll be able to apply for the personal tax id number and file the tax return married filing jointly!!

Take care and good luck...

Actually the tax returns can be done without an SSN from the immigrant. The US citizen files taxes married separately and then puts NRA in the SSN spot for the alien.

[Britta44 0]

I don't understand what you mean by "Actually the tax returns can be done without an SSN from the immigrant. The US citizen files taxes married separately and then puts NRA in the SSN spot for the alien".

I went to IRS and all what I can do (-according to IRS) is to apply for a TIN number, but this could take up to 18 weeks and we have to submit our tax returns within the 12 weeks (request for initial evidence).

[JCarva 1]

Actually the tax returns can be done without an SSN from the immigrant. The US citizen files taxes married separately and then puts NRA in the SSN spot for the alien.

Hi again Britta. I'm not sure who advised you to file income tax return married filing separately. I would NOT advise you to do it for two (2) reasons.

Reason #1. Income tax liability would increase substantially, bad idea.

Reason #2. Please, please read the W-7 instructions. You CAN go into your local IRS office, WITH your PRINTED, PREPARED, income tax return, married filing jointly, your name, leave social security box BLANK, and the COMPLETED W-7, and FILE the 2012 income tax return. They will accept the return, and mail you proof of the PTIN (personal tax identification number).

Good luck guys!

[Joseg 0]

Hi everyone,

I have been reading Visajourney.com for a whIle now and I always got my answers... But now, I feel pretty lost.

I'm a Swiss woman who got married to an American on Dec 11, 2012 on a K1 visa. I applied for SSN on Jan 30, 2013, my I-94 expired on Feb 25, 2013. I got denied for SSN because of my expired I-94. Which is strange, since I applied for the SSN almost 4 weeks before the I-94 expiration date.

So I thought, no problem, I still can apply for my AOS. I mailed my I-485 on Feb 25, 2013 and got the AOS that they received my documents on March 6, 2013.

Last week I received a letter from department of homeland security that I need to submit the tax returns for the most recent Tex year. We only sent the tax returns for 2011. Tax returns can only be submitted with a SSN, which I don't have. So, I went to IRS today to obtain a TIN number. Problem: they need approx. 12 to 18 weeks to finalize the taxes.... I called USCIS today and I unfortunately didn't get the answer I was looking for. All what the man told me, was that I must meet their request within the time. I'm afraid I won't be able to meet their requirements in time.

Can I just write the whole story to USCIS and they will give me more time or...?

Thank you for your answers and support. Not an easy day.....

Britta

Hi Britta,

If i'm not mistaken, they are asking for the Petitioner's Tax Return, not yours. I sent mine (i'm the petitioner) and had no problems.

[Britta44 0]

Hi Britta,

If i'm not mistaken, they are asking for the Petitioner's Tax Return, not yours. I sent mine (i'm the petitioner) and had no problems.

Hi, yes, I assume you are right. I somehow got really overwhelmed with it. I later realized that they want to have the tax returns from 2011, which is not a problem. I simply assumed that they need to have the ones from 2012 - this would have been def a problem. Now, we sent in the whole tax returns 2011 (again) and now we will see...

thanks anyways for the help.

[Darnell 8,478]

Hi everyone,

I have been reading Visajourney.com for a whIle now and I always got my answers... But now, I feel pretty lost.

I'm a Swiss woman who got married to an American on Dec 11, 2012 on a K1 visa. I applied for SSN on Jan 30, 2013, my I-94 expired on Feb 25, 2013. I got denied for SSN because of my expired I-94. Which is strange, since I applied for the SSN almost 4 weeks before the I-94 expiration date.

Strange, Indeed ! Did you apply in VISA name?

I know it's too late, but for anyone else reading this, please review, in the K-1 section ->ssn http://www.visajourney.com/forums/topic/405546-ssn-howto/

[Mogambi 96]

They can't and wouldn't ask for a 2012 tax return until after that deadline for filing has occured. SO if you filed on April 16th, maybe they'd demand 2012 tax return. But yes, makes sense they want 2011.

And you don't HAVE to file jointly. Even if they needed 2012, they only care about your sponsor, so he could file individually and get a return