Affidavit of Support and Tax Return

[Griffon76 0]

The beginning of April my husband and I filed taxes (Married filing jointly) We sent it to the office in Austin TX with the W7 form (App for Individual Tax Identification Number or ITIN) We cannot get a SSN until he gets his EAD. I have waited to send his AOS and EAD paperwork until I could include 2006 tax return since 2005s was insufficient. To make a long story short, our ITIN and Tax return was suspended stating insufficient documentation. When I called today it was discovered that I DID have sufficient documentation but someone mistakenly suspended it. I was told we would have to resubmit (waiting another 6 weeks!)

So knowing that I probably have another couple of months before I get my completed tax return, I need advice on whether I should wait for the completed return to send the AOS and EAD out or can I send them now with a copy of the W-2s and a copy of the 1040 that I submitted to the IRS. We were married back in October 2006 but like I said was waiting to send the AOS and EAD til I had proof of income (completed 2006 tax return) If I can just send the W-2s and the 1040 with his paperwork then I can get the VJ process started sooner.

Thanks for your help!

Dawn and Andy

[Twomoles 8]

You need to send for AOS all package of tax returns and forms either w-2, 1099 or 1040, whatever they are in your case. So you better wait, or you will more likely get RFE.

We never filed them jointly, I don't have to, I come here only in November, and of course, I couldn't make any income. Only he is filing affidavit of support and only he have to give them proves about his income and tax returns.

What is the reason he cant get your SSN? Simply go and apply for this.

[Griffon76 0]

You need to send for AOS all package of tax returns and forms either w-2, 1099 or 1040, whatever they are in your case. So you better wait, or you will more likely get RFE.

We never filed them jointly, I don't have to, I come here only in November, and of course, I couldn't make any income. Only he is filing affidavit of support and only he have to give them proves about his income and tax returns.

What is the reason he cant get your SSN? Simply go and apply for this.

The SS site states that a non-citizen can no longer receive a SS# unless

* A Federal statute or regulation requires the noncitizen to provide an SSN to get a particular benefit or service; or

* A State or local law requires the noncitizen to provide a SSN to get general assistance benefits.

I was also told that in order to file taxes, he HAD to use the ITIN for that purpose and after he received his EAD, THEN he could get a SS#

They won't give out a SS# for driver's licenses or for bank accounts either.

[Twomoles 8]

You need to send for AOS all package of tax returns and forms either w-2, 1099 or 1040, whatever they are in your case. So you better wait, or you will more likely get RFE.

We never filed them jointly, I don't have to, I come here only in November, and of course, I couldn't make any income. Only he is filing affidavit of support and only he have to give them proves about his income and tax returns.

What is the reason he cant get your SSN? Simply go and apply for this.

The SS site states that a non-citizen can no longer receive a SS# unless

* A Federal statute or regulation requires the noncitizen to provide an SSN to get a particular benefit or service; or

* A State or local law requires the noncitizen to provide a SSN to get general assistance benefits.

I was also told that in order to file taxes, he HAD to use the ITIN for that purpose and after he received his EAD, THEN he could get a SS#

They won't give out a SS# for driver's licenses or for bank accounts either.

Hmm. You better contact them. There is always exceptions, any government site information always look scary. It cant be that your life is paralyzed until you get your AOS, no driving, no account, nothing without SSN. Its up to visa, its up to country, its up to case, where you are married already. And I still don't understand why you fill jointly taxes. Most of his 2006 he wasn't here and didn't had any income.

Edited June 12, 2007 by ieva & carl

[Griffon76 0]

You need to send for AOS all package of tax returns and forms either w-2, 1099 or 1040, whatever they are in your case. So you better wait, or you will more likely get RFE.

We never filed them jointly, I don't have to, I come here only in November, and of course, I couldn't make any income. Only he is filing affidavit of support and only he have to give them proves about his income and tax returns.

What is the reason he cant get your SSN? Simply go and apply for this.

Oh, and I did mention that I do have my w-2's and the 1040 that the tax office filled out for me. It just hasn't been received by the IRS (due to being suspended by the ITIN office) I thought that they would be sufficient to send with the AOS since they show my total income for 2006 as well as deductions and the refund amount.

[Twomoles 8]

"If you are not a U.S. citizen or do not have current lawful, work-authorized immigration status, you

MUST prove that you have a valid nonwork reason for requesting a card." -

Marriage certificate and i-94 might be enough strong prove about valid reason. Really contact them, I heard first time, that SSN comes only after AOS. They ask for your SSN in AOS forms already.

Try here:

http://www.ssa.gov/online/ss-5.pdf

Edited June 12, 2007 by ieva & carl

[Griffon76 0]

Hmm. You better contact them. There is always exceptions, any government site information always look scary. It cant be that your life is paralyzed until you get your AOS, no driving, no account, nothing without SSN. Its up to visa, its up to country, its up to case, where you are married already. And I still don't understand why you fill jointly taxes. Most of his 2006 he wasn't here and didn't had any income.

He is driving with his Canadian license and my bank let him open an account with his Social Insurance number from Canada so those issues are ok. We filed jointly as it was suggested by our tax filing office. I also read on the suggested AOS questions that it might be asked at the interview. If we filed jointly. Wouldn't it be frowned upon at the interview if we said we filed married but separate?

[Griffon76 0]

"If you are not a U.S. citizen or do not have current lawful, work-authorized immigration status, you

MUST prove that you have a valid nonwork reason for requesting a card." -

Marriage certificate and i-94 might be enough strong prove about valid reason. Really contact them, I heard first time, that SSN comes only after AOS. They ask for your SSN in AOS forms already.

Try here:

http://www.ssa.gov/online/ss-5.pdf

Yes, what I understood is that they will issue one if you need it for a US Government Benefit or assistance. He would only need it for tax purposes. I will call them tomorrow and see what they say. You never know..... If he can't get one, then I will call my tax preparer and see if maybe I can re-file married but separate to get this going and then maybe I can amend it later.

[Twomoles 8]

Hmm. You better contact them. There is always exceptions, any government site information always look scary. It cant be that your life is paralyzed until you get your AOS, no driving, no account, nothing without SSN. Its up to visa, its up to country, its up to case, where you are married already. And I still don't understand why you fill jointly taxes. Most of his 2006 he wasn't here and didn't had any income.

He is driving with his Canadian license and my bank let him open an account with his Social Insurance number from Canada so those issues are ok. We filed jointly as it was suggested by our tax filing office. I also read on the suggested AOS questions that it might be asked at the interview. If we filed jointly. Wouldn't it be frowned upon at the interview if we said we filed married but separate?

Like what question? Its not requested to fill taxes jointly for married couples, is it? If it makes difference in your numbers you have a reason. If not, why to mess with more papers then needed? I didn't even changed my surname. This don't present how real is your marriage or can you reach poverty line, what is main things they are concerned about. I think.

Maybe your tax people just want bigger fee for twice papers is all case. Lol. Just silly guess.

Does he have i-94?

Edited June 12, 2007 by ieva & carl

[Griffon76 0]

Like what question? Its not requested to fill taxes jointly for married couples, is it? If it makes difference in your numbers you have a reason. If not, why to mess with more papers then needed? I didn't even changed my surname. This don't present how real is your marriage or can you reach poverty line, what is main things they are concerned about. I think.

I see your point...and yes, it does affect my tax numbers. That is why the tax office suggested strongly that we file jointly. We would still have to amend later since I could not qualify for the earned income credit without a SS# for him. That is what I want to ask the SS office. That I do qualify for the EIC but need a SS# for my husband to actually get it.

[Griffon76 0]

Does he have i-94?

oh and no, he doesn't have a I-94. He was not given one as he came as a visitor from Canada. We decided to get married after he got here. We ditched filing for F1 Visa after reviewing our situations.

[Twomoles 8]

Whatever.

Contact SSN officer and find out, I believe there is a way.

But about AOS, send complete things, so they don't question anything and don't send you RFE back. If you decide to fill jointly, then send in when its all done and sent to IRS, not only forms. I believe USCIS have ways to check data's with IRS too.

I think.

[Twomoles 8]

Does he have i-94?

oh and no, he doesn't have a I-94. He was not given one as he came as a visitor from Canada. We decided to get married after he got here. We ditched filing for F1 Visa after reviewing our situations.

Then your more concerns is about proving, that you didn't had intentions to get married before he come here without visa, but that it was spontaneous idea after he come here, and that his luggage wasn't pack for staying for good. Otherwise, they can consider its fraud. So you shouldn't bring up, that you were already engaged before with intentions to be married, but that decision happened here. Then they can question why you didn't went usual k-1 visa way, as all others. I think.

Edited June 12, 2007 by ieva & carl

[Dakine 26]

You peeps are making a SIMPLE thing very confusing!!

For one you don't need an ITR thats been excepted by IRS.

Just submit a copy of the ITR you are or have submitted. Tax transcripts are better but not required.

K1 can get SSN until 14 days prior to I-94 expiration and can work until such time.

K1 and K3 can apply for EAD and then they can get SSN also.

K3s have to wait until they get their GC to get SSN unless they get EAD.

Waste of money to apply for EAD if you are applying for AOS as it takes [unless RFE bigtime] as long or longer to get EAD than you get GC.

Waste of time and money also to apply for advanced parole as it takes as much time to get as the GC also!

Bottomline is get your AOS application in before 7/30/2007 unless you want to pay $1,010 instead of $395!!!

Even if it means you may get a RFE. No biggy! You save bucks and maybe lose a week or so.

One person that was transferred to CSC got their GC without interview and didn't even submit ITRs.

###### happens!! Sometimes good!

Aloha!

WOW ! you have censors here!

Edited June 12, 2007 by beckypua

[Griffon76 0]

Then your more concerns is about proving, that you didn't had intentions to get married before he come here without visa, but that it was spontaneous idea after he come here, and that his luggage wasn't pack for staying for good. Otherwise, they can consider its fraud. So you shouldn't bring up, that you were already engaged before with intentions to be married, but that decision happened here. I think.

Yes, I do have proof to bring with us. Nothing was planned until after he got here and actually was done right before his time was to expire.