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For Michael D. Young: ITIN vs SSN?

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For Michael D. Young: ITIN vs SSN?

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Old Jan 8th 2003, 4:45 am
  #1  
Gardener
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Default For Michael D. Young: ITIN vs SSN?

My wife will arrive next week on a K-3 visa from China. I am still
pondering whether to get an ITIN or SSN for her, which I will need to
file our tax returns for 2002. If I pursue the ITIN, I must have her
passport translated and notarized (in China, most likely) and then
attach that to the W-7 form when applying for the ITIN, and then
sending in a copy with our tax returns (unless I receive the ITIN
before the April deadline).

Based on what I have read on other websites, getting an SSN is no
longer as fast as before, so I am concerned that if I went the SSN
route, I might not have her SSN before the April deadline, and I would
be forced to file an extension with the IRS.

What is your take on this? Should I go for the ITIN, and is it better
to have her passport translated and notarized at a US embassy or
consulate in China (she lives three hours by bus from Shanghai) rather
than in the US (I live in the San Francisco Bay Area)? Would applying
for an SSN for her as soon as she gets here more than likey mean that
she would receive it before April? I remember posts many months ago
talking about having the POE officer put some sort of notation in her
passport which authorizes her to work (or something of the sort), and
thus makes getting an SSN easier. Do you recollect what that stamp is
and what it is called?

Thank you,
Ersten
 
Old Jan 8th 2003, 6:48 am
  #2  
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Default Re: For Michael D. Young: ITIN vs SSN?

I'm not Mike but in order to get the SSN she will have to have an EAD. Since she won't have that for a maximum of 90 days after arrival, apply now for her ITIN from IRS. She doesn't have to be in the US for you to send in the application.

Rete

Originally posted by Gardener
My wife will arrive next week on a K-3 visa from China. I am still
pondering whether to get an ITIN or SSN for her, which I will need to
file our tax returns for 2002. If I pursue the ITIN, I must have her
passport translated and notarized (in China, most likely) and then
attach that to the W-7 form when applying for the ITIN, and then
sending in a copy with our tax returns (unless I receive the ITIN
before the April deadline).

Based on what I have read on other websites, getting an SSN is no
longer as fast as before, so I am concerned that if I went the SSN
route, I might not have her SSN before the April deadline, and I would
be forced to file an extension with the IRS.

What is your take on this? Should I go for the ITIN, and is it better
to have her passport translated and notarized at a US embassy or
consulate in China (she lives three hours by bus from Shanghai) rather
than in the US (I live in the San Francisco Bay Area)? Would applying
for an SSN for her as soon as she gets here more than likey mean that
she would receive it before April? I remember posts many months ago
talking about having the POE officer put some sort of notation in her
passport which authorizes her to work (or something of the sort), and
thus makes getting an SSN easier. Do you recollect what that stamp is
and what it is called?

Thank you,
Ersten
Rete is offline  
Old Jan 8th 2003, 7:24 am
  #3  
Michael D. Young
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Default Re: For Michael D. Young: ITIN vs SSN?

gardener wrote:

    > My wife will arrive next week on a K-3 visa from China. I am still
    > pondering whether to get an ITIN or SSN for her, which I will need to
    > file our tax returns for 2002. If I pursue the ITIN, I must have her
    > passport translated and notarized (in China, most likely) and then
    > attach that to the W-7 form when applying for the ITIN, and then
    > sending in a copy with our tax returns (unless I receive the ITIN
    > before the April deadline).
    > Based on what I have read on other websites, getting an SSN is no
    > longer as fast as before, so I am concerned that if I went the SSN
    > route, I might not have her SSN before the April deadline, and I would
    > be forced to file an extension with the IRS.
    > What is your take on this? Should I go for the ITIN, and is it better
    > to have her passport translated and notarized at a US embassy or
    > consulate in China (she lives three hours by bus from Shanghai) rather
    > than in the US (I live in the San Francisco Bay Area)? Would applying
    > for an SSN for her as soon as she gets here more than likey mean that
    > she would receive it before April? I remember posts many months ago
    > talking about having the POE officer put some sort of notation in her
    > passport which authorizes her to work (or something of the sort), and
    > thus makes getting an SSN easier. Do you recollect what that stamp is
    > and what it is called?

Hi All!

Well to get an SSN as a K-3 she needs the INS EAD card, so that's an extra
wait on top of the probable time SSA will take to verify her work
authorized status with INS. It looks like you have no quick answer.
Apply for the EAD from INS, if you get that within a month go for the
SSN. That would still give you February until April 15 to have the SSN
issued an file your taxes. If you don't have the EAD within a month then
go for the ITIN and do the SSN once you do have the EAD. Hopefully, you
will have one or the other by April 15th.

Not sure of what proof IRS will want to show she can't get an SSN, since
ITINs are supposed to only be for people that can't get an SSN and she can
once she has the EAD from INS.

Take care,

Mike
 
Old Jan 10th 2003, 10:05 am
  #4  
Gardener
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Default Re: For Michael D. Young: ITIN vs SSN?

Rete and Mike,

Thank you for your enlightenment.

I don't think there is enough time to apply for an EAD as a first step
to get an SSN, and if that does not materialize within a month, apply
for an ITIN, and then receive the ITIN before April 15. Also, I am
concerned that if I apply for the EAD, that implies that my wife is
eligible for an SSN, and therefore I cannot apply for an ITIN
downstream, since the W-7 instructions specifically say that one
cannot apply for an ITIN if that person is eligible for an SSN. It
appears that I must do one or the other, but not pursue both at the
same time.

If at the POE my wife gets as EAD document stapled into her passport
(the I-94), wouldn't that suffice to apply for the SSN at a local SSN
office? I believe that's how K-1 filers do it.

If a K-3 cannot receive this I-94 at the POE, then I probably have no
choice but to go the W-7 route for the ITIN. I have read that I can
go to a walk-in IRS office and show my wife's passport, and that would
suffice to submit the W-7. Is this true? If not, would a notarized
copy of her passport do?

More questions!

Thanks again for your support,
Ersten
 
Old Jan 10th 2003, 12:55 pm
  #5  
ScarlettHill
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Default

Hi,

I went into a walk-in IRS center Monday and filed W-7 for an ITIN. A filled-in form, downloadable from IRS website, my passport with visa and I-94 inside, and a copy of our marriage cert was all I used and they were fine with this, (proof for my daughters was passports and birth certs). They copied the forms for me and stamped them with a receipt date. Waiting time 4-6 weeks if what the woman told me was correct.

The walk-in center was friendly and helpful, located in the Federal building in Downtown Dallas, with dinky toilets that flush themselves almost before you stand up - YOU HAVE BEEN WARNED!

Regards
-=-
Scarlett
 
Old Jan 10th 2003, 1:48 pm
  #6  
Michael D. Young
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Default Re: For Michael D. Young: ITIN vs SSN?

gardener wrote:

    > Rete and Mike,
    > Thank you for your enlightenment.
    > I don't think there is enough time to apply for an EAD as a first step
    > to get an SSN, and if that does not materialize within a month, apply
    > for an ITIN, and then receive the ITIN before April 15. Also, I am
    > concerned that if I apply for the EAD, that implies that my wife is
    > eligible for an SSN, and therefore I cannot apply for an ITIN
    > downstream, since the W-7 instructions specifically say that one
    > cannot apply for an ITIN if that person is eligible for an SSN. It
    > appears that I must do one or the other, but not pursue both at the
    > same time.

You are kind of between a rock and a hard place. Like I said I'm not sure
what IRS requires to show you can't be issued an SSN to get the ITIN. If
she goes into a SSA office to apply without the EAD, the SSA office can
give her a form that say she didn't have the required documents to be
issued a work authorized SSN. That might cover her butt with IRS.

    > If at the POE my wife gets as EAD document stapled into her passport
    > (the I-94), wouldn't that suffice to apply for the SSN at a local SSN
    > office? I believe that's how K-1 filers do it.

Well a K-1 is work authorized based on that status alone and the I-94
showing entry as a K-1, so no need for anything else. The one thing to
remember is even if INS gave her an EAD card when she gets off the plane,
SSA isn't going to issue the SSN unless they can verify her work
authorized status and that can take a month or more.

    > If a K-3 cannot receive this I-94 at the POE, then I probably have no
    > choice but to go the W-7 route for the ITIN. I have read that I can
    > go to a walk-in IRS office and show my wife's passport, and that would
    > suffice to submit the W-7. Is this true? If not, would a notarized
    > copy of her passport do?

I think all K-3s get an I-94, that's what shows their K-3 status. It's a
matter of if INS writes work authorized on it and how long it takes them
to get that info in their computer system for SSA to verify it.

IRS procedure isn't my area. You might do better using one of the ITIN
acceptance agent. You would have to pay, but might speed things along.
At least call one and ask them what you need to do.

http://www.irs.gov/individuals/artic...=96287,00.html

Take care,

Mike
 
Old Jan 13th 2003, 3:53 am
  #7  
Gardener
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Default Re: For Michael D. Young: ITIN vs SSN?

Hey Mike,

I didn't get around to checking this website for responses this
weekend, what with getting the house ready for the arrival of my wife
this week, and all the playoff games (the 49ers got trampled, sob,
sob).

Fully appreciate your advice, and I'll act on it. I'll post the final
results for others' benefits.

Ersten
 
Old Jan 13th 2003, 4:05 am
  #8  
Gardener
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Default Re: For Michael D. Young: ITIN vs SSN?

Scarlett,

What made you decide to pursue the ITIN instead of the SSN, being that
we'll all need the SSN sooner or later?

BTW, if I'm in the Dallas area and need to visit the IRS building,
I'll make sure that I only need to do No. 2!

Ersten
 

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