AOS and Tax Questions

[donny444 0]

Hi folks.

How do I file taxes without my wife having a SSN? They won't give her one until the AOS Petition has been approved and I need my taxes complete for the support document. Has anyone else run into this problem? Also which name do I use on the AOS paperwork? Her maiden or marriage name? Any help is greatly appreciated.

Donny

[Old Dominion 26]

Get Form W-7 from the IRS (it can be downloaded), complete it, and send it along with your regular tax return to the address shown on the W-7. Make your tax return out as if she had an SSN and was filing jointly. The IRS will issue her a tax ID number (ITIN) and process your return. The ITIN is no substitute for an SSN, and it costs nothing. Your return will take an extra week or two to process, if you send it now.

On the AOS, use her married name except where it asks about names formerly used. There, put her maiden name.

[Gary and Alla 3,694]

Hi folks.

How do I file taxes without my wife having a SSN? They won't give her one until the AOS Petition has been approved and I need my taxes complete for the support document. Has anyone else run into this problem? Also which name do I use on the AOS paperwork? Her maiden or marriage name? Any help is greatly appreciated.

Donny

Donny, someone is giving you very bad information. My wife (then fiancee) got her social security number the day after she arrived. K-1, K-3 visa holders can get the SSN right away. If you have any trouble at the SS office, ask for a supervisor. She will need to have an SSN or you cannot claim her on your taxes. She is definitely entitled to an SSN and she does not have to wait until AOS to be completed. She doesn't even have to wait until she is married, we were not.

Here is a tip at the SS office. Apply for her card in her maiden name, exactly as it is in her passport. DO NOT do a name change with SS now, it will take weeks and weeks to get the card. Use her name exactly as the passport and then change it later. If you file taxes electronically it will take TWO WEEKS for the IRS computers to catch up with the SS computers and your return will be rejected until they get your wife in the system. If you file a paper return, no problem.

We had this problem with Alla's son, who could NOT receive an SSN until AOS was complete. (k-1 and K-3 visa holders can get one right away, K-2 and K-4 cannot) We got his SSN and I filed taxes the same day. Rejected. It took two weeks until the return was accepted.

For the AOS you can file with your 2007 return right now if you want. I attached my 2007 return to our AOS filed in November (of course) and did not have the 2008 return prepared before the interview in January, no questions asked. If you have not changed her name with the SSN (I suggest you do not right now) you can file taxes with her maiden name, just be sure everything "matches", change the name later. There is NO NEED to change her name for the AOS, my wife did not (and does not plan to) change her name. You should also need an SSN to add her to your bank account, but this may be a bank policy, not law. Not sure, but we needed the SSN to add my wife at the bank. The AOS will look to a joint bank account as primary evidence you are married, however they never looked at any of our evidence in the interview, but I had it just in case.

She should get an SSN now, really, get with a supervisor and sort this out, it is not correct. Once you apply for the SSN, you can return to the office the next day and they can give you the number, but you will wait a week or so for the card to arrive. Your wife will have to return for the number, they will NOT give it to you. You can prepare your taxes as soon as you have that number and file a paper return; electronic, as I said, will have to wait two weeks.

[wmikevelez 0]

Hi folks.

How do I file taxes without my wife having a SSN? They won't give her one until the AOS Petition has been approved and I need my taxes complete for the support document. Has anyone else run into this problem? Also which name do I use on the AOS paperwork? Her maiden or marriage name? Any help is greatly appreciated.

Donny

Donny, someone is giving you very bad information. My wife (then fiancee) got her social security number the day after she arrived. K-1, K-3 visa holders can get the SSN right away. If you have any trouble at the SS office, ask for a supervisor. She will need to have an SSN or you cannot claim her on your taxes. She is definitely entitled to an SSN and she does not have to wait until AOS to be completed. She doesn't even have to wait until she is married, we were not.

Here is a tip at the SS office. Apply for her card in her maiden name, exactly as it is in her passport. DO NOT do a name change with SS now, it will take weeks and weeks to get the card. Use her name exactly as the passport and then change it later. If you file taxes electronically it will take TWO WEEKS for the IRS computers to catch up with the SS computers and your return will be rejected until they get your wife in the system. If you file a paper return, no problem.

We had this problem with Alla's son, who could NOT receive an SSN until AOS was complete. (k-1 and K-3 visa holders can get one right away, K-2 and K-4 cannot) We got his SSN and I filed taxes the same day. Rejected. It took two weeks until the return was accepted.

For the AOS you can file with your 2007 return right now if you want. I attached my 2007 return to our AOS filed in November (of course) and did not have the 2008 return prepared before the interview in January, no questions asked. If you have not changed her name with the SSN (I suggest you do not right now) you can file taxes with her maiden name, just be sure everything "matches", change the name later. There is NO NEED to change her name for the AOS, my wife did not (and does not plan to) change her name. You should also need an SSN to add her to your bank account, but this may be a bank policy, not law. Not sure, but we needed the SSN to add my wife at the bank. The AOS will look to a joint bank account as primary evidence you are married, however they never looked at any of our evidence in the interview, but I had it just in case.

She should get an SSN now, really, get with a supervisor and sort this out, it is not correct. Once you apply for the SSN, you can return to the office the next day and they can give you the number, but you will wait a week or so for the card to arrive. Your wife will have to return for the number, they will NOT give it to you. You can prepare your taxes as soon as you have that number and file a paper return; electronic, as I said, will have to wait two weeks.

[wmikevelez 0]

Hi folks.

How do I file taxes without my wife having a SSN? They won't give her one until the AOS Petition has been approved and I need my taxes complete for the support document. Has anyone else run into this problem? Also which name do I use on the AOS paperwork? Her maiden or marriage name? Any help is greatly appreciated.

Donny

Donny, someone is giving you very bad information. My wife (then fiancee) got her social security number the day after she arrived. K-1, K-3 visa holders can get the SSN right away. If you have any trouble at the SS office, ask for a supervisor. She will need to have an SSN or you cannot claim her on your taxes. She is definitely entitled to an SSN and she does not have to wait until AOS to be completed. She doesn't even have to wait until she is married, we were not.

Here is a tip at the SS office. Apply for her card in her maiden name, exactly as it is in her passport. DO NOT do a name change with SS now, it will take weeks and weeks to get the card. Use her name exactly as the passport and then change it later. If you file taxes electronically it will take TWO WEEKS for the IRS computers to catch up with the SS computers and your return will be rejected until they get your wife in the system. If you file a paper return, no problem.

We had this problem with Alla's son, who could NOT receive an SSN until AOS was complete. (k-1 and K-3 visa holders can get one right away, K-2 and K-4 cannot) We got his SSN and I filed taxes the same day. Rejected. It took two weeks until the return was accepted.

For the AOS you can file with your 2007 return right now if you want. I attached my 2007 return to our AOS filed in November (of course) and did not have the 2008 return prepared before the interview in January, no questions asked. If you have not changed her name with the SSN (I suggest you do not right now) you can file taxes with her maiden name, just be sure everything "matches", change the name later. There is NO NEED to change her name for the AOS, my wife did not (and does not plan to) change her name. You should also need an SSN to add her to your bank account, but this may be a bank policy, not law. Not sure, but we needed the SSN to add my wife at the bank. The AOS will look to a joint bank account as primary evidence you are married, however they never looked at any of our evidence in the interview, but I had it just in case.

She should get an SSN now, really, get with a supervisor and sort this out, it is not correct. Once you apply for the SSN, you can return to the office the next day and they can give you the number, but you will wait a week or so for the card to arrive. Your wife will have to return for the number, they will NOT give it to you. You can prepare your taxes as soon as you have that number and file a paper return; electronic, as I said, will have to wait two weeks.

My wife was given an SSN# 1 week after we married, go to your local office on Mon. I have read conflicting reports of when an ssn# is given, the only way to know is to just go to your local office and apply for one. I was under the assumption that my wife wouldn't qualify for one, but I went to the local ss admin office, applied with my wife, the whole process took 15 minutes, the ssn was received 1 week later in the mail with a stamp "not valid for work until authorized by DHS"

"just do it"

[wmikevelez 0]

Hi folks.

How do I file taxes without my wife having a SSN? They won't give her one until the AOS Petition has been approved and I need my taxes complete for the support document. Has anyone else run into this problem? Also which name do I use on the AOS paperwork? Her maiden or marriage name? Any help is greatly appreciated.

Donny

Donny, someone is giving you very bad information. My wife (then fiancee) got her social security number the day after she arrived. K-1, K-3 visa holders can get the SSN right away. If you have any trouble at the SS office, ask for a supervisor. She will need to have an SSN or you cannot claim her on your taxes. She is definitely entitled to an SSN and she does not have to wait until AOS to be completed. She doesn't even have to wait until she is married, we were not.

Here is a tip at the SS office. Apply for her card in her maiden name, exactly as it is in her passport. DO NOT do a name change with SS now, it will take weeks and weeks to get the card. Use her name exactly as the passport and then change it later. If you file taxes electronically it will take TWO WEEKS for the IRS computers to catch up with the SS computers and your return will be rejected until they get your wife in the system. If you file a paper return, no problem.

We had this problem with Alla's son, who could NOT receive an SSN until AOS was complete. (k-1 and K-3 visa holders can get one right away, K-2 and K-4 cannot) We got his SSN and I filed taxes the same day. Rejected. It took two weeks until the return was accepted.

For the AOS you can file with your 2007 return right now if you want. I attached my 2007 return to our AOS filed in November (of course) and did not have the 2008 return prepared before the interview in January, no questions asked. If you have not changed her name with the SSN (I suggest you do not right now) you can file taxes with her maiden name, just be sure everything "matches", change the name later. There is NO NEED to change her name for the AOS, my wife did not (and does not plan to) change her name. You should also need an SSN to add her to your bank account, but this may be a bank policy, not law. Not sure, but we needed the SSN to add my wife at the bank. The AOS will look to a joint bank account as primary evidence you are married, however they never looked at any of our evidence in the interview, but I had it just in case.

She should get an SSN now, really, get with a supervisor and sort this out, it is not correct. Once you apply for the SSN, you can return to the office the next day and they can give you the number, but you will wait a week or so for the card to arrive. Your wife will have to return for the number, they will NOT give it to you. You can prepare your taxes as soon as you have that number and file a paper return; electronic, as I said, will have to wait two weeks.

My wife was given an SSN# 1 week after we married, go to your local office on Mon. I have read conflicting reports of when an ssn# is given, the only way to know is to just go to your local office and apply for one. I was under the assumption that my wife wouldn't qualify for one, but I went to the local ss admin office, applied with my wife, the whole process took 15 minutes, the ssn was received 1 week later in the mail with a stamp "not valid for work until authorized by DHS"

"just do it"

I forgot to mention, by changing your filing status to Married filing jointly, you will qualify for additional money from last years econmic stimulus, which is now referred to as the rebate recovery, which was why I was so motivated to get that ssn for my wife! In my case 1200 extra on my return

[Gary and Alla 3,694]

Hi folks.

How do I file taxes without my wife having a SSN? They won't give her one until the AOS Petition has been approved and I need my taxes complete for the support document. Has anyone else run into this problem? Also which name do I use on the AOS paperwork? Her maiden or marriage name? Any help is greatly appreciated.

Donny

Donny, someone is giving you very bad information. My wife (then fiancee) got her social security number the day after she arrived. K-1, K-3 visa holders can get the SSN right away. If you have any trouble at the SS office, ask for a supervisor. She will need to have an SSN or you cannot claim her on your taxes. She is definitely entitled to an SSN and she does not have to wait until AOS to be completed. She doesn't even have to wait until she is married, we were not.

Here is a tip at the SS office. Apply for her card in her maiden name, exactly as it is in her passport. DO NOT do a name change with SS now, it will take weeks and weeks to get the card. Use her name exactly as the passport and then change it later. If you file taxes electronically it will take TWO WEEKS for the IRS computers to catch up with the SS computers and your return will be rejected until they get your wife in the system. If you file a paper return, no problem.

We had this problem with Alla's son, who could NOT receive an SSN until AOS was complete. (k-1 and K-3 visa holders can get one right away, K-2 and K-4 cannot) We got his SSN and I filed taxes the same day. Rejected. It took two weeks until the return was accepted.

For the AOS you can file with your 2007 return right now if you want. I attached my 2007 return to our AOS filed in November (of course) and did not have the 2008 return prepared before the interview in January, no questions asked. If you have not changed her name with the SSN (I suggest you do not right now) you can file taxes with her maiden name, just be sure everything "matches", change the name later. There is NO NEED to change her name for the AOS, my wife did not (and does not plan to) change her name. You should also need an SSN to add her to your bank account, but this may be a bank policy, not law. Not sure, but we needed the SSN to add my wife at the bank. The AOS will look to a joint bank account as primary evidence you are married, however they never looked at any of our evidence in the interview, but I had it just in case.

She should get an SSN now, really, get with a supervisor and sort this out, it is not correct. Once you apply for the SSN, you can return to the office the next day and they can give you the number, but you will wait a week or so for the card to arrive. Your wife will have to return for the number, they will NOT give it to you. You can prepare your taxes as soon as you have that number and file a paper return; electronic, as I said, will have to wait two weeks.

My wife was given an SSN# 1 week after we married, go to your local office on Mon. I have read conflicting reports of when an ssn# is given, the only way to know is to just go to your local office and apply for one. I was under the assumption that my wife wouldn't qualify for one, but I went to the local ss admin office, applied with my wife, the whole process took 15 minutes, the ssn was received 1 week later in the mail with a stamp "not valid for work until authorized by DHS"

"just do it"

I forgot to mention, by changing your filing status to Married filing jointly, you will qualify for additional money from last years econmic stimulus, which is now referred to as the rebate recovery, which was why I was so motivated to get that ssn for my wife! In my case 1200 extra on my return

Yep, true also. I received extra "stimulus recovery" also.

[Dakine 26]

Donny, someone is giving you very bad information. AND you are giving wrong information also.

K-3 visa holders can get the SSN right away.

WRONG INFORMATION!

K3s have to get a EAD or a GC before they can get their SSN.

Edited February 22, 2009 by Haole

[rin and john 71]

Yep, true also. I received extra "stimulus recovery" also.

This is only possible with a SSN. All returns with an ITIN do not get the stimulus. So for many, it would be beneficial to file an extension until a SSN is obtained and then file to get the extra $600. If you file with an ITIN (snd don't receive the stimulus rebate) then you should file an amended return (1040X) once you have the SSN to claim the stimulus rebate.

[donny444 0]

Perhaps I wasn't clear enough. My wife has been here well over a year and we are only now filing for AOS. The temporary work authorization she received (I-94?) when arriving has expired right? Also my intent was to file head of household, not married, as my wife has had no income since she's been here. Unless someone can clarify about these things I'll take the Form W-7 advice, for which I am grateful. Donny.

[Eric_and_Corinna 0]

Donny, someone is giving you very bad information. AND you are giving wrong information also.

K-3 visa holders can get the SSN right away.

WRONG INFORMATION!

K3s have to get a EAD or a GC before they can get their SSN.

Haole, I first agreed with you. But I checke out the SS website

http://www.ssa.gov/pubs/10120.html#proof

and found this :

"If you are not a U.S. citizen, Social Security must see your current U.S. immigration documents. Acceptable documents from the Department of Homeland Security include your:

• Form I-551 (includes machine-readable immigrant visa with your unexpired foreign passport);
• I-94 with your unexpired foreign passport; or
• Work permit card (I-766 or I-688B). "

We filed the W-7 last year and intend to file an extension this year until the AOS goes through and we get our SS number. I may go down Monday though and see if an I-94 is really all they need to apply for SS. As always, it appears that this immigration stuff is based on who you talk to on any given day...

[rin and john 71]

Donny, someone is giving you very bad information. AND you are giving wrong information also.

K-3 visa holders can get the SSN right away.

WRONG INFORMATION!

K3s have to get a EAD or a GC before they can get their SSN.

Haole, I first agreed with you. But I checke out the SS website

http://www.ssa.gov/pubs/10120.html#proof

and found this :

"If you are not a U.S. citizen, Social Security must see your current U.S. immigration documents. Acceptable documents from the Department of Homeland Security include your:

• Form I-551 (includes machine-readable immigrant visa with your unexpired foreign passport);
• I-94 with your unexpired foreign passport; or
• Work permit card (I-766 or I-688B). "

We filed the W-7 last year and intend to file an extension this year until the AOS goes through and we get our SS number. I may go down Monday though and see if an I-94 is really all they need to apply for SS. As always, it appears that this immigration stuff is based on who you talk to on any given day...

The link provided is for proving identity. To get a SSN, an immigrant must show their permission to work.

http://www.ssa.gov/pubs/10096.html

K-3's are not "work eligible" without an approved EAD.

We tried to get a SSN for Rin when she came to the USA. Had to wait until she had her EAD.

[rin and john 71]

Perhaps I wasn't clear enough. My wife has been here well over a year and we are only now filing for AOS. The temporary work authorization she received (I-94?) when arriving has expired right? Also my intent was to file head of household, not married, as my wife has had no income since she's been here. Unless someone can clarify about these things I'll take the Form W-7 advice, for which I am grateful. Donny.

Did your wife apply for a SSN when she was work eligible? The I-94 does not make her work eligible. But K-1's can get an EAD stamp in their passport upon entry. JFK is about the only POE that does this on a regular basis.

Why would you file HOH instead of MFJ? Whether she had income or not would not make a difference.

[Gary and Alla 3,694]

Perhaps I wasn't clear enough. My wife has been here well over a year and we are only now filing for AOS. The temporary work authorization she received (I-94?) when arriving has expired right? Also my intent was to file head of household, not married, as my wife has had no income since she's been here. Unless someone can clarify about these things I'll take the Form W-7 advice, for which I am grateful. Donny.

Did your wife apply for a SSN when she was work eligible? The I-94 does not make her work eligible. But K-1's can get an EAD stamp in their passport upon entry. JFK is about the only POE that does this on a regular basis.

Why would you file HOH instead of MFJ? Whether she had income or not would not make a difference.

Sorry to disagree and sorry you also got bad information. K-1s and K-3s CAN receive a SSN as soon as they set foot here, it is NOT valid for work unless accompanied by another form of DHS work authorization. It has nothing to do with the stamp that used to be given at JFK. My wife received hers the day after she arrived. It is not uncommomn for the paid-by-the-pound clerk at the SS office window not to know the rules, the one we saw when we went with my wife did. The one we saw when we went with my step-son did not. So we asked for the supervisor and waited the 30 minutes or so to see her, who then had to cnsult with HER supervisor before we got someone that knew as much as we did. It is not unusual to have to inform government employees of the laws, best to be familiar with them. Sometimes it is necessary to ask for a supervisor. The issuance of an SSN does not authorize work.

Your problem is that you did not go for the SSN the day after she arrived and now her I-94 is expired and you did not file for AOS yet. OK, for whatever reason, you allowed that to expire and did not get an SSN immediately, I do not know why and it isn't my business. Have you filed for AOS now? It will take 2-3 months to get the green card and then you can file your taxes (file an extension if you have to) there is no way I would have missed out on the first year benefits of going from single to married with dependents over something like an SSN.

Filing HOH is your decision and based on your tax situation.

[anitacastillo 0]

Perhaps I wasn't clear enough. My wife has been here well over a year and we are only now filing for AOS. The temporary work authorization she received (I-94?) when arriving has expired right? Also my intent was to file head of household, not married, as my wife has had no income since she's been here. Unless someone can clarify about these things I'll take the Form W-7 advice, for which I am grateful. Donny.

If you were married on 12/31/08 and lived with your wife in the last six months of the year - you must file either married filing joint or married filing separately. Head of H is not a correct filing status.

Suggest you get the W-7, follow instructions and file the return as MFJ.

Good Luck!!