Legal Question in Immigration Law in Florida
Claiming my immigrant spouse on tax return
I am married to an immigrant who has already filed for AOS, EAD, and AP. We received a Notice of Action for his I-485 on which there was also a number assigned under the ''Applicant'' heading. Is this the number that will be needed in lieu of a SSN in order to claim my husband on my taxes? If not, what number should be used?
3 Answers from Attorneys
Re: Claiming my immigrant spouse on tax return
No, this number is the case number assigned to his application (for example, it may start with SRC, VSC, CSC, EAC, and so on...). Once his EAD is approved, he can try to apply for the SSN at a local office. They may ask to see his actual EAD, and may require him to wait until that time. If he doesn't have his EAD yet, it should arrive within 90 days (if not, he can seek interim work authorization). Otherwise, he could apply for a Taxpayer ID Number if he needs to be on the tax forms (but this may also take just as long to obtain as a SSN).
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Re: Claiming my immigrant spouse on tax return
The number on the I-485 will be his "A number" - alien registration number. Once he has his EAD he can go to the social security office and he will be issued a social security number. Until then he can request a tax payer id number.
Re: Claiming my immigrant spouse on tax return
If he has not received his work permit yet and is unable to obtain a social security number, then he can obtain a tax identification number for you to use in lieu of a SSN. Just go to IRS website, pull the form that says "taypayer identification number," and fill it out. You should have a number in a week or so. Once he obtains a work authorization, you can go back to Soc Sec and he can get his social security number. Good luck!