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Very lost...married but no green card / ssn yet

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  • Very lost...married but no green card / ssn yet

    OK, I'm very lost with what I need to do because I get one information then another information comes in and it's making me confused

    1) I am a US Natural
    2) I have a foreign spouse, who did get approved for a Greencard but has not yet arrived, thus she does not have SSN either


    I just found out about this ITIN thing (i didn't even know what it was) and looks like I need to apply that for my wife who does not have a SSN or a ITIN yet. She is also not elligible for a SSN yet because the Green Card itself hasn't arrived yet (this is another story..got approved in December, never arrived, called January, said it will go out in 60 days but no notice yet).


    One place tells me I have to submit W7 first before I can submit a TAX RETURN, another place says to submit it with the TAX RETURN. So which is it? Also, I usually send my fed tax return to an IRS in San Francisco, but the W7 instruction page says:

    Internal Revenue Service
    ITIN Operation
    P.O. Box 149342
    Austin, TX 78714-9342


    One other thing is...
    Do I send my payment check together with W7 form, proof of USCIS documents and TAX RETURN (4 items) paper work? or do i send the check and tax return to the SF place (2 items) while i send W7 + Tax Return doc + Supporting USCIS documents to the TX location? etc etc.

  • #2
    Originally posted by kingoffighters View Post
    OK, I'm very lost with what I need to do because I get one information then another information comes in and it's making me confused

    1) I am a US Natural
    2) I have a foreign spouse, who did get approved for a Greencard but has not yet arrived, thus she does not have SSN either


    I just found out about this ITIN thing (i didn't even know what it was) and looks like I need to apply that for my wife who does not have a SSN or a ITIN yet. She is also not elligible for a SSN yet because the Green Card itself hasn't arrived yet (this is another story..got approved in December, never arrived, called January, said it will go out in 60 days but no notice yet).


    One place tells me I have to submit W7 first before I can submit a TAX RETURN, another place says to submit it with the TAX RETURN. So which is it? Also, I usually send my fed tax return to an IRS in San Francisco, but the W7 instruction page says:

    Internal Revenue Service
    ITIN Operation
    P.O. Box 149342
    Austin, TX 78714-9342


    One other thing is...
    Do I send my payment check together with W7 form, proof of USCIS documents and TAX RETURN (4 items) paper work? or do i send the check and tax return to the SF place (2 items) while i send W7 + Tax Return doc + Supporting USCIS documents to the TX location? etc etc.
    What do you mean "approved for a Greencard"? Did she do Adjustment of Status in the US and her I-485 was approved? If so, she should go in and get an I-551 stamp, which is equivalent to a green card, and use that to apply for an SSN. Or did she enter the US on an immigrant visa? If so, her immigrant visa stamped upon entry is an I-551 (equivalent to a green card), and can be used to apply for an SSN.

    If she is already a permanent resident, regardless of whether she has gotten the card or not, she is already eligible for an SSN due to her status, and thus she should not apply for an ITIN.

    To answer your question about W-7 filing if she were to apply for an ITIN, it would have to be submitted along with the tax return, and she would have to send her actual passport with it, or she would have to go to one of several taxpayer assistance centers that can certify the passport for ITIN application. But again, I don't think she should apply for an ITIN.

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      Originally posted by newacct View Post
      What do you mean "approved for a Greencard"? Did she do Adjustment of Status in the US and her I-485 was approved? If so, she should go in and get an I-551 stamp, which is equivalent to a green card, and use that to apply for an SSN. Or did she enter the US on an immigrant visa? If so, her immigrant visa stamped upon entry is an I-551 (equivalent to a green card), and can be used to apply for an SSN.

      If she is already a permanent resident, regardless of whether she has gotten the card or not, she is already eligible for an SSN due to her status, and thus she should not apply for an ITIN.

      To answer your question about W-7 filing if she were to apply for an ITIN, it would have to be submitted along with the tax return, and she would have to send her actual passport with it, or she would have to go to one of several taxpayer assistance centers that can certify the passport for ITIN application. But again, I don't think she should apply for an ITIN.
      She came in as a fiance visa, we got married, we then did paper work and we for an interview. on December, we got a i-797 Notice of Action with "Welcome to the United States of America" and Notice Type: Approval Notice Section: Person admitted to US as fiance(e) or child of fiance(e) (K-1/K-2) COA: CF1 There was no stamp given at any point. There is an A#. Can I go get SSN with this?

      From what I understand, this is a NO and need a physical card that suppose to follow this notice

      Comment


      • #4
        Originally posted by kingoffighters View Post
        on December, we got a i-797 Notice of Action with "Welcome to the United States of America" and Notice Type: Approval Notice Section: Person admitted to US as fiance(e) or child of fiance(e) (K-1/K-2) COA: CF1 There was no stamp given at any point. There is an A#. Can I go get SSN with this?
        With this she can get an I-551 stamp from a USCIS field office, and then she can get an SSN (as well as her drivers license) with the I-551 stamp

        Comment


        • #5
          Originally posted by inadmissible View Post
          With this she can get an I-551 stamp from a USCIS field office, and then she can get an SSN (as well as her drivers license) with the I-551 stamp
          thanks for the information..but looks like there's no open slots for appointments, at least per website. is there any other way of making an appointment besides the website for this case?

          Comment


          • #6
            Originally posted by inadmissible View Post
            With this she can get an I-551 stamp from a USCIS field office, and then she can get an SSN (as well as her drivers license) with the I-551 stamp
            Since I probably can't get this appointment on time should I send Check + W7 + TAX RETURN? Should I send the items to the San Francisco IRS address (CA here) or the TEXAS location or both? If both, what items to which address (since I can't really send same payments to two different places)

            Comment


            • #7
              Originally posted by kingoffighters View Post
              Since I probably can't get this appointment on time should I send Check + W7 + TAX RETURN? Should I send the items to the San Francisco IRS address (CA here) or the TEXAS location or both? If both, what items to which address (since I can't really send same payments to two different places)
              If you mail it, you would have to mail her actual physical passport. That is not ideal, so she should go in person to a IRS taxpayer assistance center that handles certifying passports for ITIN application, and would submit the tax return and W-7 in person at that time, not by mail.

              Another option is to simply file as Married Filing Separately, which will not require you to list her SSN or ITIN (you write "NRA" where her SSN/ITIN goes), and then amend it later when she gets her SSN.

              This is my personal opinion and is not to be construed as legal advice.

              Comment

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