Tax Returns 2020 - K1 Visa

[Abe009 3]

So my wife and kid got here last year January 1st 2020. Tax returns are going to be due in April. My child and Wife don't have SSN. Is there a way i can get something to be able to claim them on my taxes? Do I have to wait until they are approved for their greencard? 

Edited January 8, 2021 by Abe009

[HRQX 4,145]

1 minute ago, Abe009 said:

Tax returns are going to be due in April. My child and Wife don't have SSN.

Did they apply for EADs?

2 minutes ago, Abe009 said:

Is there a way i can get something to be able to claim them on my taxes?

You could file taxes with W-7 application for ITIN, but I assume you want to file taxes with SSN for the stimulus tax credits. SSN is a requirement for them to get stimulus tax credits.

 

They already meet the other requirement of being US resident aliens for tax purposes because of the substantial presence test: https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test

 

https://www.irs.gov/pub/irs-dft/i1040gi--dft.pdf "Generally, you are eligible to claim the recovery rebate credit if in 2020 you were a U.S. citizen or U.S. resident alien, weren't a dependent of another taxpayer, and have a valid social security number. This includes someone who died in 2020, if you are preparing a return for that person."

[Abe009 3]

7 minutes ago, HRQX said:

Did they apply for EADs?

You could file taxes with W-7 application for ITIN, but I assume you want to file taxes with SSN for the stimulus tax credits. SSN is a requirement for them to get stimulus tax credits.

 

They already meet the other requirement of being US resident aliens for tax purposes because of the substantial presence test: https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test

 

https://www.irs.gov/pub/irs-dft/i1040gi--dft.pdf "Generally, you are eligible to claim the recovery rebate credit if in 2020 you were a U.S. citizen or U.S. resident alien, weren't a dependent of another taxpayer, and have a valid social security number. This includes someone who died in 2020, if you are preparing a return for that person."

 

Yes my wife applied for EAD but thats still pending, Biometrics appointment is on the 20th of Jan, you think i should just wait until that's processed? 

[Chancy 6,233]

21 minutes ago, Abe009 said:

Yes my wife applied for EAD but thats still pending,

 

Did you also apply for EAD for your step-child?  Without EAD, the only time you can apply for SSN for your step-child is after GC approval.

 

[Abe009 3]

2 minutes ago, Chancy said:

 

Did you also apply for EAD for your step-child?  Without EAD, the only time you can apply for SSN for your step-child is after GC approval.

 

No he's 6. I believe only at 16 i can apply for EAD for him. 

[DaveAndAnastasia 2,079]

Just now, Abe009 said:

No he's 6. I believe only at 16 i can apply for EAD for him. 

You can apply for an EAD for a child regardless of their age (and definitely should as long as it's free, as it's the only way to get an SSN prior to green card for a K-2 child)

 

Another K-1 couple I know got an EAD for a then-5-year-old.

[HRQX 4,145]

18 minutes ago, Abe009 said:

Yes my wife applied for EAD but thats still pending, Biometrics appointment is on the 20th of Jan, you think i should just wait until that's processed? 

Yes, hopefully she gets EAD and subsequent SSN before the tax filing deadline.

 

I also recommend applying for EAD for your step-child. The child would need either Green Card or EAD to be eligible for SSN. With SSN the child would be eligible for the aforementioned recovery rebate credit and the child tax credit: https://www.irs.gov/faqs/childcare-credit-other-credits/child-tax-credit "No, you may not claim the child tax credit for a child with an ITIN. The child must have an SSN to be a qualifying child eligible for the child tax credit (CTC) or the additional child tax credit (ACTC)."

 

https://www.uscis.gov/system/files_force/files/form/i-485instr.pdf "If you properly file Form I-485 and pay the required fees, you may file Form I-765 and Form I-131 without paying additional fees. You may file these forms together, or if you choose to file Form I-765 or Form I-131 separately, you must also submit a copy of your I-797C, Notice of Action, receipt as evidence that you filed and paid for Form I-485."

3 minutes ago, Abe009 said:

No he's 6. I believe only at 16 i can apply for EAD for him. 

He is eligible for EAD. Many very young K-2 children get EAD in order to be eligible for SSN while waiting for Green Card.