SSN situation.

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[andrelly]

Ok so the Social Security Administration here in Freeport is driving me crazy. I went about two weeks ago to get a new SSC with my married name, and wanted to take the time to get a number for my husband. The lady attending us told me that K1 visa holders were allowed to get SSNs while they were still the USC's fiance, that after the were married they need to change the status to a K3 in order to apply for a SSN.

I know this is not true so I decided to wait a little bit for the lady to forget out faces and try to reapply saying we're not married yet. I went today and they told me that he can't get a number because his visa expires in less than thirty days. They told me to go to the immigration office and "renew" his visa.

I need to file my income tax return in order to file for AOS, and they ask me for husband's SSN. Since he doesn't have one what can I do? I want to file for a ITIN but on the IRS website it says:

"Use the latest revision of Form W-7, Application for IRS Individual Taxpayer Identification Number to apply. Attach a valid federal income tax return, unless you qualify for an exception, and include your original, notarized, or certified proof of identity documents."

So basically I need to file a return before he can get an ITIN. Any suggestion on how I can get his SSN or file taxes without one?

[meregirl]

Actually you file at the same time.  This is what I am doing.  You have to do your taxes and then with the paper copy (can't efile this year) you mail the W-7 to the address with the taxe form.  Once they assign an ITIN number then they forward your taxes over to the proper department to be completed.

[andrelly]

I'm sorry Mere, but this is where I'm lost. That doesn't make sense, how would I be able to include my husband on the return then?

And if you can't efile this year, how long will they take to process the return?

[Melquins_ mamacita]

It is taking about 6 weeks to process a paper return. I

[meregirl]

I'm sorry Mere, but this is where I'm lost. That doesn't make sense, how would I be able to include my husband on the return then?

And if you can't efile this year, how long will they take to process the return?

When you fill out your income tax form you mark it married filing jointly and leave the SSN number blank.  But you fill out your form as if he had his SSN.  What I did was fill out the information on Turbo Tax so I know what my return was supposed to be then I transferred the info over to a 1040.  I had him sign the tax return.  I also had him sign the W-7 form with the certified copy of his passport.

It does take up to 6 weeks for filing a paper form and an additional 6 weeks potentially to apply for the ITIN number.  The best thing is to take all of the paperwork to your local IRS office and apply for the ITIN there.  I could not do that because things at work have been crazy and by the time I waited to get time off their offices are only open 8:30 -4:30, I just thought it best to mail it.

[andrelly]

So basically I won't be able to send AOS on time? Because I do need to fill out an I-864 for AOS, and for the I-864 I need my income tax return.

I don't doubt what your telling me Mere, but I'm gonna have to hear it from a Mod, because that can't be the case.

Where's S2S and Linda when you need them?

[LaBeba]

Andrelly, you can send in the AOS forms with last year's tax return.  The deadline for filing 2009 taxes is April 15th, so as long as you file AOS prior to this date you can use your 2008 return.

[andrelly]

That's my problem, I don't have a 2008 tax return.

Where are the Mods when you need them?

[BanginMa]

If you are already married and he has no SSN you can not e-file

You can do turbo tax and list his ssn as all 9's

Then you mail it out with the w-7 to corresponding office

It takes @ 6 wks to process the paper return

Have you tried a different ss office .. Either way you should have gone 2 weeks after he got here to avoid issues with SSN issuance and even then since it's a no work ssn efile wouldn't have gone through anyway

[andrelly]

BanginMa, so If the paper return takes 6 weeks to process how will we be able to file the I-864?

And if we can't basically AOS won't be possible on time?

We're going to attempt going to the SSA in Jamaica, Queens. I know Beba went and wasn't hassled.

[BanginMa]

You can fill out the I864 with the copy of the return .. You don't have to have it processed

Now if money is the issue then just file alone .. He only got here in december right

You don't have to file married .. And you can efile and get your return quickly and still do aos

[andrelly]

The problem with filing single is that I will be filing as self-employed and I will be subject to paying all taxes out of pocket for the amount that I'm filing. Taxes will sum up to about three thousand plus dollars that I do not have. Now if I file married I won't have to pay as much. Maybe only $500 that I do have. And I won't be including my daughter, because my mother gets more if she includes her in her return.

[tgood1]

OK, I understand what you need now. You need this years taxes for the Aff. of Support because you didn't file taxes before, so you can't include last years return.  Filing single you will have to pay in too much, married less.  But you don't have a SSN to file married.

Here's what you do, do your 2009 taxes as married and mail them in together with the request for the ITIN.  If you request an ITIN, it  has to be done on paper and mailed which takes longer to process. No big deal, they don't have to be accepted yet, just make a copy of what you sent the IRS and send it in with the AOS.  Worst case scenario is USCIS doesn't like what you sent them and they send you an RFE, which you have 87 days to respond to. I doubt that would happen, but if it does at least the AOS is sent in on time, which is the most important thing.

Good luck!

[LaBeba]

since it's a no work ssn efile wouldn't have gone through anyway

Bangin, we efiled married filing joint with his no work SSN and got the $$$ in 2 weeks. 

[andrelly]

Update: We went to the SSA in Jamaica Queens (after reading Beba's experience with that office), and we were not hassled at all.

They said that they will be verifying the documents that we provided and that he should receive his SSC in 4-6 weeks. Since we all know his documents are fine I predict that he should get his card in two weeks *fingers crossed*.

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