Dumb question about ITIN form
 

my head hurts and ive only been looking at the ITIN form 10 minutes. We are here on an L1A/L2 visa. Does that make us :

a non resident alien holding a US visa or
a resident alien
(gawd i feel thick!).

Re: Dumb question about ITIN form
 

A non-resident alien.

A resident alien is a Green Card holder :)

Re: Dumb question about ITIN form
 

thanks RL. reading the small print it seems i cant even send in the form without a prepared tax return. not even started on that yet so the boys will have to wait to open savings accounts with their xmas money!

Re: Dumb question about ITIN form
 

Have you thought about applying for an SSN?

An alien applying for a work-authorized original SSN must present evidence to establish his or her age, identity and employment authorization.

When requesting an SSN card, the documents presented, as evidence must be either originals or copies certified by the issuing agency. SSA cannot accept uncertified or notarized photocopies as evidence.

For an original work authorized SSN request, an alien applicant must present at least two documents to establish age, identity and current work authorization.

If the immigration document, i.e., I-94, I-688B, I-766, is used to establish work authorization and identity, the alien must provide another document to establish age.

If a foreign-born person has the foreign birth certificate (BC) in his/her possession or can easily obtain a copy, he or she must submit it as proof of age. When a person is foreign-born, a BC may not exist, may not have been recorded shortly after birth, or the probative value of the document may not be high. In these situations, we can accept alternative evidence of age in order of probative value. The alternative evidence of age may be less than a year old, e.g., a DHS document or passport.

You can find detailed information regarding evidence that establishes age at:

http://policy.ssa.gov/poms.nsf/lnx/0100203110

The documents acceptable as evidence of identity are now based on three factors: (1) the applicant’s age, (2) the applicant’s citizenship/alien status, and (3) the relative probative value of documents.

Primary Identity Evidence for an alien:

-- Form I-94, Arrival/departure Record in combination with an unexpired
foreign passport
-- Form I-766, Employment Authorization card
-- Form I-688B, Employment Authorization card

Note: Document must be unexpired

You can find detailed information regarding evidence of identity for an SSN Card at:

http://policy.ssa.gov/poms.nsf/lnx/0100203200#E

The unexpired I-94 with current L-1 status establishes employment authorization for SSN purposes.

A spouse with L-2 status can provide an unexpired I-688B, I-766 or I-94 to establish lawful alien status and employment authorization for SSN purposes.

However, if an I-688B or I-766 is not submitted, the L-2 spouse applicant MUST also submit a marriage document as evidence that he/she is spouse of the L-1 alien to establish employment authorization for SSN purposes.

RM 00203.500 Employment Authorization for Nonimmigrants:

http://policy.ssa.gov/poms.nsf/lnx/0100203500

“The evidence of marital relationship between the applicant and the L-1 alien is a marriage document issued prior to admission to the United States as an L-2 non-immigrant.”

RM 00203.600 List of Documents Establishing Lawful Alien Status for an SSN Card:

http://policy.ssa.gov/poms.nsf/lnx/0100203600

Children with L-2 status are not eligible to be authorized to work in the United States.

SSA cannot accept an application filing receipt or notice of action as evidence of an immigration document.

Form SS-5, “Application for a Social Security Card,” is the appropriate form to request an original SSN.

Form SS-5 can be requested by calling our toll-free number, 1-800-772-1213 or download from our Website at:

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

To read and print Form SS-5 at a personal computer, you will need the Adobe Acrobat Reader. The software is available free of charge from Adobe s Internet server at:

http://www.adobe.com/prodindex/acrobat/readstep.html

Complete the Form SS-5 and take it along with the required documents, to the nearest Social Security office. Individuals age 12 and over applying for an original SSN and card must apply in person at a Social Security office.

You can obtain the address and directions to the nearest Social Security office from the Social Security Office Locator, which is available on the Internet at:

http://www.ssa.gov/locator

Note: People who live or receive mail in the Brooklyn, NY, Queens, NY, Phoenix, AZ or Las Vegas, NV area must apply in person at one of the Social Security Card Centers.

Card Center Information:

http://ssa-custhelp.ssa.gov/cgi-bin/...p?p_faqid=1412

All cards are mailed from Social Security Headquarters in Baltimore, Maryland to the postal address provided on the Form SS-5.

If ineligible to be assigned an SSN, Social Security offices can provide written notice using Form SSA-L676 to explain that an SSN cannot be assigned due to the applicant not having provided evidence of authorization to work in the United States or evidence of a valid nonwork reason for needing an SSN.

Needing an SSN for school enrollment, private health insurance, banking, filing taxes or to be issued a state driver’s license are NOT valid non work reasons for needing an SSN.

You can find additional information regarding a nonwork need for an SSN on our Website at:

http://policy.ssa.gov/poms.nsf/lnx/0100203510

Re: Dumb question about ITIN form
 

Hi, thats right we finally got our TIN numbers the 2nd yr here after filing our first tax return, we got an accountant to do it for us, she filled it all in. H & R Block might help you fill it in as well:)

Re: Dumb question about ITIN form
 

This is not true for IRS tax purposes.

For the gory details, see http://www.irs.gov/pub/irs-pdf/p519.pdf, but in general terms anyone present in the US for more than half a tax year is a "Resident Alien", even if they entered on a "Nonimmigrant" visa, except for “F,” “J,” “M,” or “Q” visas.

Re: Dumb question about ITIN form
 

i have a ssn number as does my hsuband - its just the kids cant open a bank (savings ) account without either an ssn (which the ss office told me i couldnt get them) or an ITIN.

Re: Dumb question about ITIN form
 

Yes, the children aren't eligible and will need ITINs. I thought you also didn't have an SSN.

Re: Dumb question about ITIN form
 

You should re-check that bank on that subject. Since the kids are minors, they might need to have a joint account with a parent anyway, and one of you do have an SSN.

Find out what it *really* is that they need that unique identifier for.
One thing they will bring up is that they need an SSN for reporting the interest earnings.
The other will be something to do with Homeland Security and stopping the terrorists. Speak with your branch manager about other ways the kids can be uniquely identified.
Or, shop with your feet. :)

Re: Dumb question about ITIN form
 

Hi, I just filled out the form and got certified copies of our kids' passports and sent it off, without any tax returns or anything like that. 6-8 weeks later they each had an ITIN number.

Re: Dumb question about ITIN form
 

I remember us getting ITIN numbers shortly after arriving here - before we'd filed our first return - we were not eligible for SSN's at the time.