SSN and filing taxes

[NicolaBolton87 161]

I’m sorry, I just really need to vent.

 

i moved to Pennsylvania in August last year on a K1 visa. After a couple of weeks I went to the local SSN office with all the relevant forms and even some information printed off stating that I was eligible for a social security number. I was turned away and told I was not eligible because I only required one if I was working or claiming benefits, which obviously I was doing neither.

 

i went away, did a bit more research just to make sure I was correct in thinking I was entitled to one and I went back a few weeks later. I was told the same thing by the same guy. I told him I was entitled to a SSN and potentially would need one at some point whether it was to open a bank account or something along those lines. He told me if I encountered a situation where I was told I needed a SSN I had to get a letter from them and bring it back and he would ok it. By this point I had a few weeks until my i94 expired which meant I would have missed my window for it.

 

I left, frustrated, and filed for AOS in November after we were married as per the process and we are currently waiting for the EAD, AP, SSN etc.

 

On Monday, I went with my husband to H&R Block to get his tax returns done. The guy required my SSN in order to complete my husbands tax return which I didn’t have. So we are now waiting until (hopefully) April/early May for me to receive my SSN and then we can file for his tax return. I’m so frustrated at the whole thing. If the SSN office had understood the process when I first applied we wouldn’t be in this situation now. I read so many posts from other people in PA who had no issue getting a SSN after moving here but it seemed to be a huge issue for me.

 

i just needed to vent, thank you for reading!

Edited January 30, 2019 by NicolaBolton87

[Jessica Donahue 34]

7 minutes ago, NicolaBolton87 said:

I’m sorry, I just really need to vent.

 

i moved to Pennsylvania in August last year on a K1 visa. After a couple of weeks I went to the local SSN office with all the relevant forms and even some information printed off stating that I was eligible for a social security number. I was turned away and told I was not eligible because I only required one if I was working or claiming benefits, which obviously I was doing neither.

 

i went away, did a bit more research just to make sure I was correct in thinking I was entitled to one and I went back a few weeks later. I was told the same thing by the same guy. I told him I was entitled to a SSN and potentially would need one at some point whether it was to open a bank account or something along those lines. He told me if I encountered a situation where I was told I needed a SSN I had to get a letter from them and bring it back and he would ok it. By this point I had a few weeks until my i94 expired which meant I would have missed my window for it.

 

I left, frustrated, and filed for AOS in November after we were married as per the process and we are currently waiting for the EAD, AP, SSN etc.

 

On Monday, I went with my husband to H&R Block to get his tax returns done. The guy required my SSN in order to complete my husbands tax return which I didn’t have. So we are now waiting until (hopefully) April/early May for me to receive my SSN and then we can file for his tax return. I’m so frustrated at the whole thing. If the SSN office had understood the process when I first applied we wouldn’t be in this situation now. I read so many posts from other people in PA who had no issue getting a SSN after moving here but it seemed to be a huge issue for me.

 

i just needed to vent, thank you for reading!

 

I know you've resolved this, but just in case someone out there is in a similar situation, one other option would have been to process an ITN.

https://www.irs.gov/individuals/individual-taxpayer-identification-number

 

It's extra paperwork, and I wouldn't suggest it unless you absolutely needed an Tax ID before you were eligible to obtain a SS#.  While we were living in Mexico, I included my spouse (we were not married at the time) on my taxes by getting her an ITN. I was also able to use it for our first joint return after she came to the US on a K1.

 

 

[yuna628 9,528]

Personally I would have requested a supervisor or simply gone to a different office. The guy was wrong, and denying something that you are eligible to receive by LAW. Since you would be out of the time frame for eligibility now for an SSN without having an EAD, there's not a lot you can do to. I'm hoping you receive your EAD soon OP!

[Jessica Donahue 34]

48 minutes ago, yuna628 said:

Personally I would have requested a supervisor or simply gone to a different office. The guy was wrong, and denying something that you are eligible to receive by LAW. Since you would be out of the time frame for eligibility now for an SSN without having an EAD, there's not a lot you can do to. I'm hoping you receive your EAD soon OP!

 

Actually, without an EAD the law is not so clear.  I pulled the following excerpt from the SS# guide for noncitizens:

 

"If you need a number for tax purposes, and you aren’t authorized to work in the United States, you can apply for an Individual Taxpayer Identification Number from the Internal Revenue Service (IRS). Visit the IRS in person, or call the IRS toll-free number, 1-800-TAXFORM (1-800-829-3676), and request Form W-7, Application For An Individual Taxpayer Identification Number."

 

 

https://www.ssa.gov/pubs/EN-05-10096.pdf

 

That pamphlet came out in March 2018, so it may also be a recent change in the guidelines/priorities. I have heard of people being issued SS#s without EAD, so it's probably up to the discretion of whomever you are dealing with.

[yuna628 9,528]

47 minutes ago, Jessica Donahue said:

 

Actually, without an EAD the law is not so clear.  I pulled the following excerpt from the SS# guide for noncitizens:

 

"If you need a number for tax purposes, and you aren’t authorized to work in the United States, you can apply for an Individual Taxpayer Identification Number from the Internal Revenue Service (IRS). Visit the IRS in person, or call the IRS toll-free number, 1-800-TAXFORM (1-800-829-3676), and request Form W-7, Application For An Individual Taxpayer Identification Number."

 

 

https://www.ssa.gov/pubs/EN-05-10096.pdf

 

That pamphlet came out in March 2018, so it may also be a recent change in the guidelines/priorities. I have heard of people being issued SS#s without EAD, so it's probably up to the discretion of whomever you are dealing with.

A K1 visa holder, like the OP was eligible for an SSN upon entry to the US, up to before 2weeks until their I-94 expires. After that period the window closes, and an EAD is required. The ITIN process would be completely not necessary for this individual had the SSA employee followed the rules.

[Mike E 11,723]

TurboTax has a documented procedure for dealing with this situation. 

 

I am a turbo tax kind of guy.  

 

If you and your husband are due a refund or owe zero taxes, you don’t have to file a tax return and have three years to file tax return to get your refund.  However, some states like California don’t follow the federal three year very well, and to be safe in those states it is best to make sure neither party owes taxes as if they were filing married separately. 

 

For other people in this situation my advice for federal taxes is to determine between January 1 and January’s 14 after the tax year ends if the couple filing jointly owes taxes or not.  If they owe taxes then on or before January 15, send an estimated tax payment to cover the short fall.  This needs to be postmarked January 15 or sent electronically. 

 

Then try to get an ITIN or SSN before April 15. If not successful, use a competent tax service provider to file on April 15 or file late.