Tax rebates, EAD and AOS fees

[ME4Ying]

Ying and I were married Aug 21, 2006. Her K3 visa was issued about one year later, August 2007, and she arrived in the USA last October. I was told that if we were married two years when she received her green card it would be a 10-year card. On the other hand, if we were married less than two years she would get a two-year green card. Since the fee is not trivial, we thought it a good idea to wait until August to file the papers for AOS.

 

However, although she has an ITN and we filed a joint tax return last year, I understand that in order to be eligible for the stimulus tax rebate she and my step-son will need social security numbers. I thought I might file the I-765s (EAD) now and the I-485 (AOS) in August but I can find no reference concerning fees if filed in that order. I see (at least I think I do) that if I file the EAD after the AOS no additional fee is required ¨C it is included. But what if I file the EAD first and pay the $340 ¨C do I get a credit for this amount when I file the I-485?

 

Also, as I understand, the rebate is actually an advance credit for 2008 income tax. Any ideas about a filing strategy to assure I get the rebate. It would be nice to have the money

as soon as possible, but as long as I get it eventually I won¡¯t feel like I gave Uncle some extra money.

 

Michel

[dnoblett]

Nope, No credit for EAD before AOS, so fee is $340 for EAD and $1010 for AOS.

 

However, if you do file for AOS close to 2nd wedding anniversary and get the green-card after that date and get un-conditional green-card, you will not need to file I-751 later to remove conditions, ($545) so there is your credit.

 

$1010+$545 to remove conditions is $1555

$1010+$340 for an EAD before is $1350

 

So you save $205 doing it that way.

[Randy W]

The rebate will come as a check, separate from any refund, if you file with an SSN on April 15. If you file jointly and use a TIN for her, you are not eligible for a rebate. However, there will be a worksheet in the 1040 instructions which will determine your eligibility for a tax credit next year instead of the rebate check this year.

 

I don't think they've announced the conditions for a next year tax credit as of yet.

[Randy W]

The rebate will come as a check, separate from any refund, if you file with an SSN on April 15. If you file jointly and use a TIN for her, you are not eligible for a rebate. However, there will be a worksheet in the 1040 instructions which will determine your eligibility for a tax credit next year instead of the rebate check this year.

 

I don't think they've announced the conditions for a next year tax credit as of yet.

[ME4Ying]

Nope, No credit for EAD before AOS, so fee is $340 for EAD and $1010 for AOS.

 

However, if you do file for AOS close to 2nd wedding anniversary and get the green-card after that date and get un-conditional green-card, you will not need to file I-751 later to remove conditions, ($545) so there is your credit.

 

$1010+$545 to remove conditions is $1555

$1010+$340 for an EAD before is $1350

 

So you save $205 doing it that way.

 

I have to say I have been enjoying the last few month since Ying arrived and not worring about all this. Anyway, thanks for information. Dnoblett -- you use "if" allot. So, if we file for the ASO after being married 2 years, why would we not get the un-conditional green card?

[ME4Ying]

The rebate will come as a check, separate from any refund, if you file with an SSN on April 15. If you file jointly and use a TIN for her, you are not eligible for a rebate. However, there will be a worksheet in the 1040 instructions which will determine your eligibility for a tax credit next year instead of the rebate check this year.

 

I don't think they've announced the conditions for a next year tax credit as of yet.

 

 

What if I file for an Extension to file? Will the EAD be processed in time to file and get the rebate? Perhaps I could file an ammended return.

[dnoblett]

Nope, No credit for EAD before AOS, so fee is $340 for EAD and $1010 for AOS.

 

However, if you do file for AOS close to 2nd wedding anniversary and get the green-card after that date and get un-conditional green-card, you will not need to file I-751 later to remove conditions, ($545) so there is your credit.

 

$1010+$545 to remove conditions is $1555

$1010+$340 for an EAD before is $1350

 

So you save $205 doing it that way.

 

I have to say I have been enjoying the last few month since Ying arrived and not worring about all this. Anyway, thanks for information. Dnoblett -- you use "if" allot. So, if we file for the ASO after being married 2 years, why would we not get the un-conditional green card?

If you file for AOS and Receive green-card BEFORE 2nd wedding anniversary the card that results is conditional.

 

If you file for AOS and receive card AFTER 2nd anniversary, the card that results is unconditional.

 

What I am saying is if you file EAD and AOS together NOW to take advantage of the single $1010 price, AND you get conditional card, you will end up paying $545 to remove conditions later. OR If you file for EAD NOW and pay $340 and then later file AOS later paying $1010 at 2nd anniversary and get permanent green-card ultimately the cost difference is $205.

[ME4Ying]

Nope, No credit for EAD before AOS, so fee is $340 for EAD and $1010 for AOS.

 

However, if you do file for AOS close to 2nd wedding anniversary and get the green-card after that date and get un-conditional green-card, you will not need to file I-751 later to remove conditions, ($545) so there is your credit.

 

$1010+$545 to remove conditions is $1555

$1010+$340 for an EAD before is $1350

 

So you save $205 doing it that way.

 

I have to say I have been enjoying the last few month since Ying arrived and not worring about all this. Anyway, thanks for information. Dnoblett -- you use "if" allot. So, if we file for the ASO after being married 2 years, why would we not get the un-conditional green card?

If you file for AOS and Receive green-card BEFORE 2nd wedding anniversary the card that results is conditional.

 

If you file for AOS and receive card AFTER 2nd anniversary, the card that results is unconditional.

 

What I am saying is if you file EAD and AOS together NOW to take advantage of the single $1010 price, AND you get conditional card, you will end up paying $545 to remove conditions later. OR If you file for EAD NOW and pay $340 and then later file AOS later paying $1010 at 2nd anniversary and get permanent green-card ultimately the cost difference is $205.

 

Very good. I think my plan will be to file for the ASO and EAD at the same time. I will file an Extension to File for my 2007 taxes, which will gives me until Oct 15 to get the EAD and SS numbers. Since we were married Aug 21, 2006, any good estimates of a good time to file the AOS and EAD?. What is the minimum time? (So we can file before Aug 21 but still have the green card issue after two years of marriage.) How long will it take to get the EAD and SS numbers -- we need it before Oct 15. I looked for timelines but cannot find them now.

[dnoblett]

If you file for AOS and Receive green-card BEFORE 2nd wedding anniversary the card that results is conditional.

 

If you file for AOS and receive card AFTER 2nd anniversary, the card that results is unconditional.

 

What I am saying is if you file EAD and AOS together NOW to take advantage of the single $1010 price, AND you get conditional card, you will end up paying $545 to remove conditions later. OR If you file for EAD NOW and pay $340 and then later file AOS later paying $1010 at 2nd anniversary and get permanent green-card ultimately the cost difference is $205.

 

Very good. I think my plan will be to file for the ASO and EAD at the same time. I will file an Extension to File for my 2007 taxes, which will gives me until Oct 15 to get the EAD and SS numbers. Since we were married Aug 21, 2006, any good estimates of a good time to file the AOS and EAD?. What is the minimum time? (So we can file before Aug 21 but still have the green card issue after two years of marriage.) How long will it take to get the EAD and SS numbers -- we need it before Oct 15. I looked for timelines but cannot find them now.

File within 60 - 90 days before 2nd wedding anniversary, it is very rare for USCIS to approve a green card in less than 90 days.

 

We filed AOS last May, and received GC September. See our timeline below.

Edited April 2, 2008 by dnoblett (see edit history)

[Randy W]

The rebate will come as a check, separate from any refund, if you file with an SSN on April 15. If you file jointly and use a TIN for her, you are not eligible for a rebate. However, there will be a worksheet in the 1040 instructions which will determine your eligibility for a tax credit next year instead of the rebate check this year.

 

I don't think they've announced the conditions for a next year tax credit as of yet.

 

 

What if I file for an Extension to file? Will the EAD be processed in time to file and get the rebate? Perhaps I could file an ammended return.

 

Some more news about the rebate

 

If you do not have a SSN for her in time to file on April 15 (you MUST file either a return or a request for an extension by this date), then you are not eligible for the rebate - IF you file married filing jointly.

 

You ARE eligible if you file married filing separately, or single.

 

It's not clear what they will do if you then file the extension (or file an amended return) to include her SSN. Will you get the rebate? Don't know.

 

BUT they WILL publish a worksheet with the 2008 1040 Instructions (that's next year) which will tell you if you are eligible for a 2008 tax credit.

 

Keep an eye on the IRS memos.

[Sebastian]

I think the amount of fees that you will pay for your WIFE and your STEP-SON for AOS will totally eat up ALL of your supposed 'stimulus' money for a family of 3.

 

Plus - you don't have time to get a SSN for both of them this fast.

 

She has an ITIN, why not set her up in a small business instead? There are MANY tax deductible things there in a Schedule C, You should be able to 'stimulate' your wife to make some money instead of relying on Unca Sugah ?

 

I dunno - I really think the folks who made the stimulus package were NOT thinking of us when they made it a 'SSN-ONLY' situation - God knows we already pay enough money to another department on behalf of our wifes - surely we could have gotten a loophole ?

 

Good Luck !

Edited April 3, 2008 by Darnell (see edit history)

[ME4Ying]

I think the amount of fees that you will pay for your WIFE and your STEP-SON for AOS will totally eat up ALL of your supposed 'stimulus' money for a family of 3.

 

Plus - you don't have time to get a SSN for both of them this fast.

 

She has an ITIN, why not set her up in a small business instead? There are MANY tax deductible things there in a Schedule C, You should be able to 'stimulate' your wife to make some money instead of relying on Unca Sugah ?

 

I dunno - I really think the folks who made the stimulus package were NOT thinking of us when they made it a 'SSN-ONLY' situation - God knows we already pay enough money to another department on behalf of our wifes - surely we could have gotten a loophole ?

 

Good Luck !

 

As I understand from the information sent by the IRS, you need only file a 2007 return. I would think an extension to file should not change this requirement. The important question is if I file the AOS and EAD at the same time -- how long does it take to get a SS number from that date? If the AOS takes 90 days I would think the EAD would be much faster. The timing is real tricky -- soon enough to get a SS number by Oct 15, and not so soon as to get a green card before Aug 21. Weight-in with best timing.

 

Thanks all:)

Michael

[ME4Ying]

The rebate will come as a check, separate from any refund, if you file with an SSN on April 15. If you file jointly and use a TIN for her, you are not eligible for a rebate. However, there will be a worksheet in the 1040 instructions which will determine your eligibility for a tax credit next year instead of the rebate check this year.

 

I don't think they've announced the conditions for a next year tax credit as of yet.

 

 

What if I file for an Extension to file? Will the EAD be processed in time to file and get the rebate? Perhaps I could file an ammended return.

 

Some more news about the rebate

 

If you do not have a SSN for her in time to file on April 15 (you MUST file either a return or a request for an extension by this date), then you are not eligible for the rebate - IF you file married filing jointly.

 

You ARE eligible if you file married filing separately, or single.

 

It's not clear what they will do if you then file the extension (or file an amended return) to include her SSN. Will you get the rebate? Don't know.

 

BUT they WILL publish a worksheet with the 2008 1040 Instructions (that's next year) which will tell you if you are eligible for a 2008 tax credit.

 

Keep an eye on the IRS memos.

 

The link indicates you can file an extension, or perhaps get a credit next year. I do remember reading somewhere that the rebate is actually an advance on a 2008 tax credit. It also seems to me it said if they give you too much too bad -- you get to keep it.

[dnoblett]

As I understand from the information sent by the IRS, you need only file a 2007 return. I would think an extension to file should not change this requirement. The important question is if I file the AOS and EAD at the same time -- how long does it take to get a SS number from that date? If the AOS takes 90 days I would think the EAD would be much faster. The timing is real tricky -- soon enough to get a SS number by Oct 15, and not so soon as to get a green card before Aug 21. Weight-in with best timing.

 

Thanks all:)

Michael

EAD can take up to 90 days to get, and then takes a few weeks for USCIS to update database used by SSA to confirm immigrations status and the validity of the EAD card. After that it takes a few weeks to get SS card, the SSA May give you the number when you apply.

[georgeandli]

Good point about them "giving" us rebates. Of course then we will have to turn around and pay tax on it next year. Kind of like the "free checks" you get in the mail from the credit card companies.