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edoginasia

Filing Taxes in USA for K-1 and K-2

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I am filing my taxes here in USA with new wife and her child.  Child does not have SS# yet and this is making error on my H&R block filing.  SS# is applied for, we just currently sent in application for green card and I-765 (box checked  for assign her a SS#) AOS packet sent in 1/24/2019

 

Seeking tax advice for Child dependent since no SS# (file without SS#)

or should I just delete her information so as to avoid audit situation.

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* Moved from Philippines to Tax and Finances During US Immigration forum. The question is about US taxes and not limited to a particular country/region, nor utilizing a regioin's language *

 

There's no way to claim a credit for a child without an SSN. People were doing so a couple decades ago for children that didn't exist. Then the SSN requirement came in and suddenly there were a whole bunch less children in the country...

 

So the options are:

1) File without claiming the child (there is no requirement to do so). You can amend later as needed.

2) Wait to file until they have an SSN (will probably require an extension).


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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32 minutes ago, edoginasia said:

I am filing my taxes here in USA with new wife and her child.  Child does not have SS# yet and this is making error on my H&R block filing.  SS# is applied for, we just currently sent in application for green card and I-765 (box checked  for assign her a SS#) AOS packet sent in 1/24/2019

 

Seeking tax advice for Child dependent since no SS# (file without SS#)

or should I just delete her information so as to avoid audit situation.

Delete it, file, and re-file 1040X when the number gets issued.  You have 3 years to amend a return.

 

OR:  file late.  There is no penalty in doing so and no need to file for an extension if the IRS owes you a refund.

 

 

Edited by Nitas_man

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True, there's no penalty for filing late if you don't owe any taxes.

One is still required to file on time based on their income meeting the threshold requirements. There's just no penalty for failure to do so.

 

Immigration-wise, an active extension means one can use the prior year's return as the most recent for I-864 purposes. No extension after tax day = not qualified to submit an I-864 at that time.

The OP's case should have already submitted an I-864, but it's possible they get an RFE/RFIE for it after tax day, so filing it on time OR having an extension already covers this case.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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16 hours ago, geowrian said:

True, there's no penalty for filing late if you don't owe any taxes.

One is still required to file on time based on their income meeting the threshold requirements. There's just no penalty for failure to do so.

 

Immigration-wise, an active extension means one can use the prior year's return as the most recent for I-864 purposes. No extension after tax day = not qualified to submit an I-864 at that time.

The OP's case should have already submitted an I-864, but it's possible they get an RFE/RFIE for it after tax day, so filing it on time OR having an extension already covers this case.

You are correct.  In our case the SS card eligibility (early summer) coincided with the EAD card so we had taxes filed (very late but filed) before the AOS folder was picked up for processing.  It should be noted that as the interview was in November of that tax year and we had filed AOS back in January or February that year’s taxes WERE requested to update the support affidavit even though the I-864 filed earlier that year did not have or need those tax year documents.  

It’s just timing really.  Several right ways to do it but I’m lazy and was in no mood to file taxes twice that year LOL

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