Jump to content
josephlei

Awaiting AOS, get SSN or ITIN for 2018 taxes?

8 posts in this topic

Recommended Posts

My fiancee (now wife) entered in August 2018, we married within 90 days and have filed to adjust her status with I-485, biometrics are done currently awaiting action from USCIS.

 

Her I-94 is EXPIRED, and we didn't file for a SSN while it was active. I'm preparing for April 15 when federal taxes are due, we need either a ITIN or a SSN for her to "married filing jointly"

 

  1. Which "number," the SSN or ITIN should we be applying for?
  2. The form W-7 here says "Caution: If you check box b, c, d, e, f, or g, you must file a U.S. federal tax return with Form W-7 unless you meet one of the exceptions" what does this mean, do I attach it to my 1040 when I submit my taxes? I can't file it beforehand in order to have the ITIN already available to me when I do my taxes?

 

Thank you

Share this post


Link to post
Share on other sites

Since you applied for SSN already with EAD, it won't get to you before EAD is approved. Your only way now to file taxes with your wife now is to get an ITIN.


8/7/2017                    NOA-1

3/1/2018                    NOA-2

3/15/2018                  NVC case received

3/22/2018                  NVC case assigned

3/23/2018                  Consulate ready

4/11/2018                  Medical

4/17/2018                  Visa Approved

4/24/2018                  Visa on hand

5/23/2018                  Point of Entry ATL

5/24/2018                  Marriage license, officiant and certificate / applied for SS#

5/31/2018                  AOS/AP/EAD

6/7/2018                    email notification of NOA-1

6/11/2018                  NOA-1 hard copies for AOS/EAD/AP

6/27/2018                  Biometrics for AOS/EAD

7/7/2018                    ready to be scheduled for interview

7/11/2018                  We are still reviewing your case and there are no updates at this time (email from USCIS)

8/22/2018                  We are still reviewing your case and there are no updates at this time (same email again)

9/5/2018                     We are still reviewing your case and there are no updates at this time (this is getting boring!!!)

10/3/2018                  We are still reviewing your case and there are no updates at this time (this is insanity, 4th time while some got GC)

10/17/2018                After 136 days of wait in HELL, finally EAD in production

10/21/2018                Card was mailed to me, and yes it said so on a Sunday night, while Vj-ing

10/22/2018                Card was picked up by the USPS

10/24/2018                EAD in hand. F%^&& finally

12/28/2018                Interview has been scheduled. Waiting for notification with date by snail mail

Share this post


Link to post
Share on other sites
5 hours ago, josephlei said:

My fiancee (now wife) entered in August 2018, we married within 90 days and have filed to adjust her status with I-485, biometrics are done currently awaiting action from USCIS.

 

Her I-94 is EXPIRED, and we didn't file for a SSN while it was active. I'm preparing for April 15 when federal taxes are due, we need either a ITIN or a SSN for her to "married filing jointly"

 

  1. Which "number," the SSN or ITIN should we be applying for?
  2. The form W-7 here says "Caution: If you check box b, c, d, e, f, or g, you must file a U.S. federal tax return with Form W-7 unless you meet one of the exceptions" what does this mean, do I attach it to my 1040 when I submit my taxes? I can't file it beforehand in order to have the ITIN already available to me when I do my taxes?

 

Thank you

You can always file an extension 


YMMV

Share this post


Link to post
Share on other sites
On 1/1/2019 at 11:49 PM, Alabamak1 said:

Since you applied for SSN already with EAD, it won't get to you before EAD is approved. Your only way now to file taxes with your wife now is to get an ITIN.

I didn’t file a I-765 EAD request when I filed the I-485, so no SSN has been requested for her yet.

Share this post


Link to post
Share on other sites
6 minutes ago, josephlei said:

I didn’t file a I-765 EAD request when I filed the I-485, so no SSN has been requested for her yet.

if you did not file for EAD, then the wait for SS# is going to be even longer till you get her GC. your only option as said before is to file for EAD which takes 4 to 7 months or file for an ITIN. Why would you not file for EAD? Now if you do, since it wasn't done with AOS, you will have to pay the fee.


8/7/2017                    NOA-1

3/1/2018                    NOA-2

3/15/2018                  NVC case received

3/22/2018                  NVC case assigned

3/23/2018                  Consulate ready

4/11/2018                  Medical

4/17/2018                  Visa Approved

4/24/2018                  Visa on hand

5/23/2018                  Point of Entry ATL

5/24/2018                  Marriage license, officiant and certificate / applied for SS#

5/31/2018                  AOS/AP/EAD

6/7/2018                    email notification of NOA-1

6/11/2018                  NOA-1 hard copies for AOS/EAD/AP

6/27/2018                  Biometrics for AOS/EAD

7/7/2018                    ready to be scheduled for interview

7/11/2018                  We are still reviewing your case and there are no updates at this time (email from USCIS)

8/22/2018                  We are still reviewing your case and there are no updates at this time (same email again)

9/5/2018                     We are still reviewing your case and there are no updates at this time (this is getting boring!!!)

10/3/2018                  We are still reviewing your case and there are no updates at this time (this is insanity, 4th time while some got GC)

10/17/2018                After 136 days of wait in HELL, finally EAD in production

10/21/2018                Card was mailed to me, and yes it said so on a Sunday night, while Vj-ing

10/22/2018                Card was picked up by the USPS

10/24/2018                EAD in hand. F%^&& finally

12/28/2018                Interview has been scheduled. Waiting for notification with date by snail mail

Share this post


Link to post
Share on other sites

~~Moved to Taxes &Finances, from K1 P&P - as this is no longer a K1 processing question but a tax question.~~


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

Share this post


Link to post
Share on other sites
On ‎1‎/‎1‎/‎2019 at 10:50 PM, josephlei said:

My fiancee (now wife) entered in August 2018, we married within 90 days and have filed to adjust her status with I-485, biometrics are done currently awaiting action from USCIS.

 

Her I-94 is EXPIRED, and we didn't file for a SSN while it was active. I'm preparing for April 15 when federal taxes are due, we need either a ITIN or a SSN for her to "married filing jointly"

 

  1. Which "number," the SSN or ITIN should we be applying for?
  2. The form W-7 here says "Caution: If you check box b, c, d, e, f, or g, you must file a U.S. federal tax return with Form W-7 unless you meet one of the exceptions" what does this mean, do I attach it to my 1040 when I submit my taxes? I can't file it beforehand in order to have the ITIN already available to me when I do my taxes?

 

Thank you

April 15th is the due date for owed taxes.  You can file taxes anytime if you are due a refund.

It was unwise to not apply for SS card while the I-94 was valid

 

Several choices: 

 

Apply for EAD, file an extension, and file your taxes late after her SS card is approved

If you are due a refund, apply for EAD, wait until SS card approved, and file your taxes whenever you feel like it (that's what I did our first year when I figured out there was no penalty or consequence for late filing if they owe you money)

Apply for ITIN now and file your taxes under her ITIN number

File your taxes under MFS, wait for the case to process, then file 1040X amended return MFJ when she gets a SS card

 

Good luck

 

 

 

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×