Tax filing Problem

[motu 5]

OK. So, now that I figured out how to file our taxes, I filed them electronically - Boom! They got rejected because her name and date of birth doesn't match the SSN record that IRS has! I think the IRS has no records at this time and are only checking against the SSN files - but the SSN name has not been changed because they are waiting for Immigration to change her name - we tried to change it with SS office but they gave us a letter saying that they will not change her name till it matches the Immigration records! The AOS interview is on Feb 17th so I am hoping to get the name changed that day - of course the case status still has the same 4 month old message "It is taking between 120 and 180 days etc. etc." And we never received the biometrics appointment either (tried with infopass but they can't give us a biometric appointment!)

So! We can't count on the big refund coming this way for several months now either! Oh well! So, I guess we just have to wait and see what happens or not. Another brick in the wall!

[I'm Gone 60]

OK. So, now that I figured out how to file our taxes, I filed them electronically - Boom! They got rejected because her name and date of birth doesn't match the SSN record that IRS has! I think the IRS has no records at this time and are only checking against the SSN files - but the SSN name has not been changed because they are waiting for Immigration to change her name - we tried to change it with SS office but they gave us a letter saying that they will not change her name till it matches the Immigration records!

IRS matches info for everyone against data provided by SSA.

http://www.irs.gov/faqs/faq1-10.html

Q, If I go to the Social Security Administration office to change my name, how long does it take the IRS to update its records?

A. IRS records are generally updated 10 days after the records at the Social Security Administration are changed.

Q. Do I need to change my maiden name to my married name on my social security card for us to file jointly?

A. You can still file Married Filing Jointly without changing your name with the Social Security Administration. However, you do need to show your maiden name on the tax return instead of your married name.

Q. I got married and I have not changed the name on my social security card to my married name. My Form W-2 is in my married name but my tax forms came in my maiden name. Should I file with my maiden name or married name?

A. It is important that the name the Social Security Administration (SSA) has in its system for your social security number agrees with the name on your tax return. You have a choice. You can file with your maiden name and contact the Social Security Administration after you file your return. Or, if you have enough time before the due date of your return, you can contact the Social Security Administration and have your records changed. Please wait 10 days to file your tax return.

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She can change the name on her SSN record without changing it with immigration first. Whether she can get a card in the married name depends on if she currently has valid work authozation.

Also the marriage certificate will need to have her age or DOB to be used as a name change document.

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http://policy.ssa.gov/poms.nsf/lnx/0100203210

RM 00203.210 Changing Numident Data

The applicant may submit either:

One legal name change document showing both the old and new names (e.g., a court order for a name change or a marriage document. The document must also show either (1) a description or photograph of the person or (2) biographical information that can be compared with the Numident data; or

When the name change document does not show either a photograph of the person or biographical information that can be compared with the Numident data, then, in addition to the name change document, the applicant must also submit two identity documents listed in RM 00203.200E. One of the submitted identity documents must show the old name (the name on the latest Numident record) AND the other submitted identity document must show the new name (the name to be shown on the corrected SSN card). The identity documents submitted must show either a photograph of the applicant or provide biographical information that can be compared with the Numident data.

EXAMPLE: Grace Russell submits a marriage document that does not show any biographical

information for her, just her name and the name of her new husband, Daniel Reeder. To support her request to change her name to Grace Reeder, she must submit, in addition to the marriage document supporting the reason for the name change, two identity documents (both of which need to either provide some biographical information that can be compared to the Numident or a photograph that can be compared to the applicant during the interview). Grace submits a Maryland driver's license in the new name (Grace Reeder) and a U.S. passport in the old name (Grace Russell).

a. Bride Takes Groom’s Last Name

In all 50 U.S. States (this means the 50 States, Washington, D.C., Puerto Rico, U.S. Virgin

Islands, Guam, Northern Mariana Islands, and American Samoa) the bride may take her husband's last name (surname or family name) as her new last name. (EXAMPLE: Jane Doe married John Jones and she may change her name to Jane Jones.)

Interim Guidance: If the bride wants to take her husband's last name, accept the marriage

document as a legal name change for the bride if the new name can be derived from the marriage document; even if the marriage document only shows each partner's first names, the bride's prior surname and husband's surname. The marriage document alone can be accepted as evidence of identity for both the old and new names when it meets the criteria described in RM 00203.200G.2.

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http://policy.ssa.gov/poms.nsf/lnx/0100203200#G2

2. Determine if the ID Document Has Required Information

Ask the applicant to submit one or more documents that show the person's name AND provide:

Biographical information in addition to the person's name that the reviewer can compare with

the data on the SS-5 (e.g., date of birth, age, or parents' names) and/or

Physical information that the reviewer can compare with the applicant (e.g., physical

description, photograph).

NOTE: A non-picture identity document must have the person's name as well as information that can be compared to the Numident, the applicant or other documents submitted (e.g., age, date of birth, or parents' names).

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C. Procedure - Immigration Document as Evidence of Legal Name

When issuing immigration documents, the Department of State and DHS issue them in the person's legal name. The legal name is also generally the name in which the foreign passport was issued.

When an alien applies for an SSN card, presume the name on the immigration document is the legal name unless the applicant presents evidence of a legal name change (e.g., marriage) that occurred after the immigration document was issued.

In cases where an alien applies for a replacement SSN card and submits an immigration document showing a name that is different from the name on the prior Numident record, accept the immigration document as evidence of the legal name. In these cases, the prior SSN card may have been issued in a name that was not the NH’s legal name.

4. Name Change to a Name Different From Name on Immigration Document

Monica Mumma Stottlemyer applies for a replacement SSN card in her married name. She:

Completes an SS-5 showing her first name as Monica, her middle name as Mumma, and her last name as Smith;

Completes the other names used field, showing that name as “Monica (first name), Mumma Stottlemyer (last name);”

Signs the SS-5 as “Monica M. Smith;”

Submits a U.S. marriage document showing Monica Mumma Stottlemyer and John Smith married last week (the marriage document shows the dates of birth for Monica and John);

Submits a driver's license with her photograph that shows the name Monica M. Smith; and

Submits a DHS employment authorization card with her photograph and showing her name as “Mumma Stottlemyer, Monica.”

The U.S. marriage document supports the legal name change and is acceptable evidence of identity in both the old name and the new name because it shows biographical data (date of birth) that can be compared to the Numident record. Further, the name to be shown on the SSN card agrees with the name on the additional identity document in the new legal name (the driver's license).

SSA can process the name change request. Process the SS-5 to have the name “Monica (first name) Mumma (middle name) Smith (last name) to be shown in the card and enter “Monica (first name) Mumma Stottlemyer (compound surname) as an “other name used.” The compound surname must be entered the same way it is shown on the immigration document. Advise the NH to also contact DHS to change her surname to “Smith” with that agency.

Note from me: Says ADVISE you to contact DHS, not must change the name with them first and if you submitted the AOS in the married name you have already done that.

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This how to get the SSN record (Numident) corrected if she doesn't have current work authorization.

http://policy.ssa.gov/poms.nsf/lnx/0100203510

RM 00203.510 Alien without Work Authorization - Nonwork Need for an SSN

D. PROCEDURE - SSN CARD REQUEST BY ALIEN NOT AUTHORIZED TO WORK

4. Correcting Numident Data When a Replacement Card Cannot Be Issued

If the alien does not provide evidence of work authorization or a valid nonwork reason, explain that no replacement card can be issued.

Although a replacement card cannot be issued, the Numident can be corrected if the alien has provided documentation supporting the change (e.g., a name change).

If the alien provides documentation supporting the change, process the SS-5 to update the Numident information but suppress the issuance of a card. (suppress issuance of the card, and see RM 00202.320 for providing SSN Verification Printouts.)

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http://policy.ssa.gov/poms.nsf/lnx/0100202320

RM 00202.320 Issuing Numidents and SSN Verification Printouts

B. POLICY

Under the Privacy Act, an individual has the right to a copy of his/her SSN information, including the Form SS-5 or systems-generated application, and the Numident printout.

A non-U.S. citizen NH with a valid SSN who does not have current legal immigration status or work authorization from DHS also has the right to a copy of his/her SSN information under the Privacy Act. While a replacement card generally cannot be issued to a NH who does not have current work authorization or a current valid nonwork reason, the SSN verification printout may be provided after the identity of the requestor has been established and, if necessary, any corrective action has been completed to update the Numident...

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The SSN Verification Printout will give her some proof of the name chage until she is eligible to be issued a card with the married name.

Edited February 5, 2006 by mdyoung

[ljpren 0]

I went and change my SScard only with marriage licence and valid EAD with my married name.

If you EAD has different name they sould change it no problem.

Go to different social security office and try there.

Your social security card needs to have the same name as your EAD and what ever you filled your AOS with.

Immigration will not change you name... they only have one name you have filled under and that is what you should use. That is what your green card going to be...

I mean they would not change it if you could not provide some documentation yes. As I said marriage licence and EAD was enough in my case. Nobody raised an eybeow.

Best of Luck

Luc

[kc456 0]

OK. So, now that I figured out how to file our taxes, I filed them electronically - Boom! They got rejected because her name and date of birth doesn't match the SSN record that IRS has! I think the IRS has no records at this time and are only checking against the SSN files - but the SSN name has not been changed because they are waiting for Immigration to change her name - we tried to change it with SS office but they gave us a letter saying that they will not change her name till it matches the Immigration records! The AOS interview is on Feb 17th so I am hoping to get the name changed that day - of course the case status still has the same 4 month old message "It is taking between 120 and 180 days etc. etc." And we never received the biometrics appointment either (tried with infopass but they can't give us a biometric appointment!)

So! We can't count on the big refund coming this way for several months now either! Oh well! So, I guess we just have to wait and see what happens or not. Another brick in the wall!

I'm not clear, why are you changing the name with USCIS? Did you file under married name or maiden name? I'm not sure you can change the name at the AOS interview.

As far as SSA, they need to match the name on the documents you provide (assuming EAD) to the USCIS files, which should be the same name as on the EAD. If you are trying to get the name changed in the middle of the AOS process (i.e. you filed paperwork under maiden name, and afterwards are trying to change the name), then I don't think it's a good idea. I may have misunderstood your situation though.

[Kanyiri 0]

A friend of mine (US citizen - lived here her entire life) got married nine years ago. She tried to change her SSN to be under her married name three or four times. They kept saying it would change, but it never did. So they told her to go ahead and file her taxes in her maiden name. She's been doing that ever since.

[motu 5]

Well - to clarify something - I am not changing the name with USCIS (I meant we filed the AOS in the married name) - Also we didn't apply for EAD because she needs to learn English first - She is still attending ESL classes and as you can see from our timeline - we have the AOS interview in 2 weeks - so she will probably be through way before she is ready to work!

So step be step - we have the SSN in the unmarried name and the AOS was filed in the married name (No EAD was filed); SS office won't change the name - when we tried with the NOAs and marriage certificate - they want to confirm it with the Immigration system (I think its the SAVE system) and then IRS rejected the electronic filing in the married name.

NEW - I tried to file in the unmarried name (Thanks mdyoung ) and the tax return was accepted. So, if you are in the same boat, you may end up doing the same thing. Good Luck

[Mand 1]

We filed our taxes with my maiden name too, as my SSN hasn't been changed to my married name yet and we figured the records needed to match for IRS.

[Yodrak 7]

motu,

What's the problem? Submit the return with the proper name on it and get your money.

Yodrak

OK. So, now that I figured out how to file our taxes, I filed them electronically - Boom! They got rejected because her name and date of birth doesn't match the SSN record that IRS has! I think the IRS has no records at this time and are only checking against the SSN files - but the SSN name has not been changed because they are waiting for Immigration to change her name - we tried to change it with SS office but they gave us a letter saying that they will not change her name till it matches the Immigration records! The AOS interview is on Feb 17th so I am hoping to get the name changed that day - of course the case status still has the same 4 month old message "It is taking between 120 and 180 days etc. etc." And we never received the biometrics appointment either (tried with infopass but they can't give us a biometric appointment!)

So! We can't count on the big refund coming this way for several months now either! Oh well! So, I guess we just have to wait and see what happens or not. Another brick in the wall!

[motu 5]

motu,

What's the problem? Submit the return with the proper name on it and get your money.

Yodrak

Well! Precisely - the problem is or was - which name to use? Even thought the AOS was filed in the married name (back in October), IRS rejected the tax return till I changed it to the unmarried name. So! Its a heads up to others who will be filing their taxes in this waiting period! Good luck to all of you

[Yodrak 7]

The IRS rules are quite clear, one just has to read them - the name on the tax return must match the name associated with the SSN.

The IRS could care less about the USCIS or its records.

Yodrak

motu,

What's the problem? Submit the return with the proper name on it and get your money.

Yodrak

Well! Precisely - the problem is or was - which name to use? Even thought the AOS was filed in the married name (back in October), IRS rejected the tax return till I changed it to the unmarried name. So! Its a heads up to others who will be filing their taxes in this waiting period! Good luck to all of you

[motu 5]

I guess the IRS rules are easily understood - what I and many others don't understand is the USCIS rules and processes. So, if the USCIS doesn't chnage my name, I have to file in my old name - when they do it, is what is unknown to most of K1s (like me.) I felt that since we had the NOA for the AOS interview; their files must be in the name that the NOA was - but its not so.

I now understand that the name that the IRS/SS will accept (because that's what USCIS has) is

1) What's on your greencard

2) If you don't have a greencard then what's on your EAD

3) if you don't have an EAD then what's on your K1 visa!

So! Depending on where you are in the process - you have to use that name on your tax returns.

Good Luck

[john_and_marlene 162]

I guess the IRS rules are easily understood - what I and many others don't understand is the USCIS rules and processes. So, if the USCIS doesn't chnage my name, I have to file in my old name - when they do it, is what is unknown to most of K1s (like me.) I felt that since we had the NOA for the AOS interview; their files must be in the name that the NOA was - but its not so.

I now understand that the name that the IRS/SS will accept (because that's what USCIS has) is

1) What's on your greencard

2) If you don't have a greencard then what's on your EAD

3) if you don't have an EAD then what's on your K1 visa!

So! Depending on where you are in the process - you have to use that name on your tax returns.

Good Luck

The USCIS isn't going to change the name for you with SSA. You have to do that yourself at an SSA office.

[clloyd 0]

This thread is making my head hurt.

Bottom line: File your taxes using the name that the SSA has for you. When the IRS electronically processes your return, it checks the SSN and the first 4 letters of the last name from the social security database. This goes for the taxpayer, spouse, and any dependents on the return, and any qualifing people for head of household status and EITC. (I may have forgot some as well) If they do not match, the IRS rejects it.

(It also checks EIN's as well)

[Yodrak 7]

motu,

When dealing with the IRS one has to use the name that's associated with the SSA records.

Whether or not that agrees with past or present USCIS records is irrelevant. What's on your greencard, your EAD, or your visa don't matter - it's what the SSA knows you as, no matter how they got to know your name.

Stop thinking about the USCIS for tax purposes - it's not necessary and it'll only confuse you.

Yodrak

I guess the IRS rules are easily understood - what I and many others don't understand is the USCIS rules and processes. So, if the USCIS doesn't chnage my name, I have to file in my old name - when they do it, is what is unknown to most of K1s (like me.) I felt that since we had the NOA for the AOS interview; their files must be in the name that the NOA was - but its not so.

I now understand that the name that the IRS/SS will accept (because that's what USCIS has) is

1) What's on your greencard

2) If you don't have a greencard then what's on your EAD

3) if you don't have an EAD then what's on your K1 visa!

So! Depending on where you are in the process - you have to use that name on your tax returns.

Good Luck

[john_and_marlene 162]

Just when it was getting comical ....