mardi_gras

Hi
I wondered if anyone could help me with a question, having lurked here for a few years on and off I know how clued up some of you are.
I'm here on an E2 visa through my husbands work. I don't work and I don't need to so when I was told I wasn't able to have a social security number I didn't think it would be any great problem. (Don't ya just love that Patriots Act?)
Now that we have been here for a while (since March '06) I now realise what a pain it is to not have one. It affects everything from making a doctors appt. to filing taxes, how can my husband claim me as a dependent when I basically don't exist as far as the US gov. is concerned? I'm not able to build up a credit score and I have to have a joint bank account as I can't have one of my own. I feel like a child.
Has the information we have been given correct? Am I entitled to a social security number?
I know you may find it hard to believe please try to contain your shock, but I'm wondering if I have been given incorrect information by the people in my local SS office and find it impossible to contact anyone on the phone. I thought I would check with those good folks on the expat forum who might actually know some facts.
Sorry if this has been asked before, I did search and couldn't find anything.
Thanks

Elvira

AFAIK, these days they only issue SSNs to people who are authorised to work.

Are you eligible to apply for an EAD (form I-765)?

That would seem to be the only way to get a SSN. (Been there, done that - know what a pain it is to try and get by without one.)

Ray

Yes you have to get the EAD first ...

Warrington Wolf

Yes, the wouldn't give me a SSN until I had an EAD. The EAD took about 3 months to come through after applying.

mardi_gras

I knew you would all know! Thankyou so much, I actually have the EAD form but have just put off applying, I think I need to get on with it.
Warrington Wolf - small world, I'm from Stockton Heath.

Sue

You can get a Individual Tax Identification Number (ITIN). Which you can then use on your Tax return. Not sure if you will be able to get one in time for this years taxes though. It's used to take about 8 weeks to get one, but it may be quicker now. Check out this link.

Elvira

Just wanted to add that your husband can still claim you as a dependent even without a SSN. You need to apply for a TIN (tax identification number) and file a "married filing jointly" tax return.

If you have children, they can get TINs also and can be claimed as dependents.

HTH!

Elvira

SNAP!

meauxna

You may only file W-7 for an ITIN *with* a tax return now.

"Foreign persons who are individuals should apply for a social security number (SSN, if permitted) on Form SS-5 with the Social Security Administration, or should apply for an Individual Taxpayer Identification Number (ITIN) on Form W-7. Effective immediately, each ITIN applicant must now:

Apply using the revised Form W-7, Application for IRS Individual Taxpayer Identification Number; and
Attach a federal income tax return to the Form W-7."

Bob

you'd want to do it quickly incase those fee's go up...

mdyoung

OK amateurs here is the real story.

https://s044a90.ssa.gov/apps10/poms.nsf/lnx/0100203500
RM 00203.500 Employment Authorization for Nonimmigrants

C. Policy - Employment Authorization by Class of Admission

The following policy applies to employment authorization by class of admission:

1. Aliens Work Authorized Without Specific DHS Authorization

E-2 -- Spouse of principal E-2

When an EAD card is issued in these situations to an E-2 spouse, the I-766 shows “A-17” under Category and the I-688B shows “274a.12 (A)(17)” under Provision of Law.

If an EAD is not submitted, applicant must submit a marriage document as evidence that he/she is spouse of the principal E-2 alien.

https://s044a90.ssa.gov/apps10/poms.nsf/lnx/0100203600
RM 00203.600 List of Documents Establishing Lawful Alien Status for an SSN Card

The evidence of marital relationship between the applicant and the principal E-1, E-2, or L-1 alien is a marriage document (issued prior to admission to the U.S. as an E-1, E-2, or L-2 non-immigrant).

If you have your I-94 with unexpired E-2 status with unexpired passport, marriage certificate and birth certificate you are good to go for a work authorized SSN.

Ray

Surely that is for an E-2 spouse that is also on the E-2
and would not apply to an accompanying spouse...

mdyoung

What status would the spouse of a person with E-2 status have other than E-2 status if they arrived together?

Ray

They both could have E-2 visas and own 50% each of the business...
or one could be accompanying spouse of E-2 holder ...
when one spouse owns 100% of the business

BigDavyG

Bit of a mistake to set things up with a 100% owner is it not ??
What kind of share do you need as a spouse to qualify for the E-2 - is it 50/50 ??