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  • I-485, I-797C Questions

    Hello,

    Thank you for taking your time to read my posts/questions. Some of these questions might be dumb/confusing so please don't mind. I'm seeking answers if you happen to know.

    Does my spouse need to have a "Unexpired" foreign passport in order to go in for her interview to obtain her green card? My spouse's I-94, Visa, and passport are expired.
    She already received her fingerprints and stamped I-797C document. I'm assuming my spouse's expired passport is valid, but I just want to be sure.

    Moreover, does my spouse need to have an "Unexpired" foreign passport in order to obtain an ITIN (Individual Tax Identification Number) if for some reason - the green card processing time goes beyond April 15th, 2015?
    Would I have to file an extension with the IRS since my spouse is waiting to receive her social security#? If so - what if my spouse doesn't receive her social security# even after the extension? I assume in this scenario - a ITIN will be needed, but if an "Unexpired" foreign passport is needed in order to obtain an ITIN then would I need to contact the consulate in my spouse's country to renew her passport? If so - how would that process work, meaning will her expired passport still be renewed even though she is currently here in the U.S, legally married to a U.S Citizen, and her green card status is pending?

    I know without my spouse's social security# or ITIN - the IRS will probably not accept my tax filing. Moreover, I know I can not claim I'm single either because of the legal marriage. Anyways - the only option left that I can think of is to claim I'm married, but filing separately.....and once my spouse receives either her social security # or ITIN then file an amendment with the IRS afterwards. However, I'm not a tax professional and maybe I should have sought a tax professional to answer these questions before posting on here, but I thought I'd share my questions with everybody on here in case somebody was also wondering the same Well, if anybody knows another way - please advise.

    (In case you're wondering - my spouse was denied a social security#. Why? We were informed she needed an EAD or Green Card. Anyways.....for some apparent reason - other individuals I know were able to get their SSN# without an EAD or Green Card. I don't know what it is or why.....could have been miscommunication or due to an uninformed representative employee at Social Security, but what's done is done and all in the past now). Yes - I submitted the EAD in for my spouse, but her English is limited even though she has a 3 year college education level from her country so I don't know if USCIS will approve or not. If my spouse's EAD is approved then the concern over her social security# will be solved, but if not then it will be a long process. However, I was also advised that the EAD will not matter once she obtains her Green Card so there was no point in filing the EAD. Who knows.

    Any suggestions, solutions, recommendations will do. Thanks.
    Last edited by touizm; 02-04-2015, 04:50 PM.

  • #2
    Hi touizm,

    I had a same situation with your wife, which is expired passport, and i did the new one passport at my country embassy in US, just check your embassy website or called them how to make a new (extended) passport and ask its that okay if your wife visa already expired, mine hasnt expired but my I94 already expired and thats okay.
    And now i will get my ITIN too.
    Im suggest you call your embassy first because i had consultation with a lawyer that said i need a valid passport as my ID to process my AOS.

    Thats my experience, hope it will help you a lil bit.
    Good luck.

    Yuzu


    Originally posted by touizm View Post
    Hello,

    Thank you for taking your time to read my posts/questions. Some of these questions might be dumb/confusing so please don't mind. I'm seeking answers if you happen to know.

    Does my spouse need to have a "Unexpired" foreign passport in order to go in for her interview to obtain her green card? My spouse's I-94, Visa, and passport are expired.
    She already received her fingerprints and stamped I-797C document. I'm assuming my spouse's expired passport is valid, but I just want to be sure.

    Moreover, does my spouse need to have an "Unexpired" foreign passport in order to obtain an ITIN (Individual Tax Identification Number) if for some reason - the green card processing time goes beyond April 15th, 2015?
    Would I have to file an extension with the IRS since my spouse is waiting to receive her social security#? If so - what if my spouse doesn't receive her social security# even after the extension? I assume in this scenario - a ITIN will be needed, but if an "Unexpired" foreign passport is needed in order to obtain an ITIN then would I need to contact the consulate in my spouse's country to renew her passport? If so - how would that process work, meaning will her expired passport still be renewed even though she is currently here in the U.S, legally married to a U.S Citizen, and her green card status is pending?

    I know without my spouse's social security# or ITIN - the IRS will probably not accept my tax filing. Moreover, I know I can not claim I'm single either because of the legal marriage. Anyways - the only option left that I can think of is to claim I'm married, but filing separately.....and once my spouse receives either her social security # or ITIN then file an amendment with the IRS afterwards. However, I'm not a tax professional and maybe I should have sought a tax professional to answer these questions before posting on here, but I thought I'd share my questions with everybody on here in case somebody was also wondering the same Well, if anybody knows another way - please advise.

    (In case you're wondering - my spouse was denied a social security#. Why? We were informed she needed an EAD or Green Card. Anyways.....for some apparent reason - other individuals I know were able to get their SSN# without an EAD or Green Card. I don't know what it is or why.....could have been miscommunication or due to an uninformed representative employee at Social Security, but what's done is done and all in the past now). Yes - I submitted the EAD in for my spouse, but her English is limited even though she has a 3 year college education level from her country so I don't know if USCIS will approve or not. If my spouse's EAD is approved then the concern over her social security# will be solved, but if not then it will be a long process. However, I was also advised that the EAD will not matter once she obtains her Green Card so there was no point in filing the EAD. Who knows.

    Any suggestions, solutions, recommendations will do. Thanks.
    Yuzu

    Comment


    • #3
      Thank You!

      Originally posted by Yuzu View Post
      Hi touizm,

      I had a same situation with your wife, which is expired passport, and i did the new one passport at my country embassy in US, just check your embassy website or called them how to make a new (extended) passport and ask its that okay if your wife visa already expired, mine hasnt expired but my I94 already expired and thats okay.
      And now i will get my ITIN too.
      Im suggest you call your embassy first because i had consultation with a lawyer that said i need a valid passport as my ID to process my AOS.

      Thats my experience, hope it will help you a lil bit.
      Good luck.

      Yuzu

      Comment

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