Ariel the Mermaid

Hello!

My husband wants to file his tax returns and he will state that he's married. As I don't have a SSN yet, I can fill out the W-7 and get the ITIN number, but the question I have is...

One the form it says to only fill in the W-7 if you are not eligible for a SSN.
I am eligible for a SSN but I haven't got it yet as I don't have the required paperwork from Immigration, so I can't fill in the SS-5 yet..

Should I still complete the W-7?

Many thanks in advance for your help

Rete

What paperwork are you waiting for from the USCIS? Green Card, EAD?

Ariel the Mermaid

The proof that I am adjusting status, I only have the receipts at present. The SS-5 form states that you need 'evidence' from USCIS and not the receipt papers.
Although I could call the SSN people and ask if my Biometrics paper is sufficient evidence? (it lists that it's part of an AOS package)

mdyoung

If you don't have the required documentation to be assigned an SSN, you are currently not eligible and apply for the ITIN.

If you will have the required documentation to be assigned an SSN before you file taxes, apply for the SSN.

You can contact the IRS ITIN office by calling 1-215-516-4846.

mdyoung

Save the call, it's not. You have to have the actual document.

Ariel the Mermaid

Thankyou very much - I shall call them toot suite

Ariel the Mermaid

I was reading the 'not eligible' part as never eligible, not, just not right now....
Thanks very much for your help, I'll fill out the W-7 and hope I get the number before he needs to file in April.
Thanks

mdyoung

http://www.irs.gov/pub/irs-pdf/p1915.pdf

What documentation will I need to advise the IRS that the Social Security Administration will not provide me with a SSN?

If you are eligible to obtain a SSN, the IRS will not issue you an ITIN unless you can document that the SSA denied your request for a SSN. Supporting
documentation (such as a letter or statement) from the SSA substantiating the denial must be attached to your application.
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http://policy.ssa.gov/poms.nsf/lnx/0100203510

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 or a card issued due to the applicant not having provided authorization to work in the United States or evidence of a valid nonwork reason for needing an SSN.

meauxna

You will be eligible for a SSN when you have an EAD (work permit) or Green Card.

You don't say, but if you immigrated with a K-1 visa, you do have a limited period of time when you can get a SSN in the early days (first 76) of your arrival with that visa.

Ariel the Mermaid

Thanks for you comments - I phoned the ITIN IRS number and spoke to a guy who informed me that as I don't have an SSN at this moment in time, I have to apply for the ITIN - if my SSN comes in before I file the tax return then I can use the SSN.