I think I have a unique case. Double endorsement checks.

[Harpa Timsah 13,258]

Lmao. You are eligible to file for the two previous tax years, AFTER you are married, and include dependents and what not. I wouldn't know how to give you anymore info on that, but you can someone who does know. I file my taxes when everyone else does .

Um, no you are not allowed to do that. You can not retro pretend you were married for years that you were not. That is tax fraud, which is a felony.

Edited December 5, 2012 by Harpa Timsah

[VanessaTony 3,567]

Lmao. You are eligible to file for the two previous tax years, AFTER you are married, and include dependents and what not. I wouldn't know how to give you anymore info on that, but you can someone who does know. I file my taxes when everyone else does .

No. You're allowed to amend returns if you file incorrectly, but if you weren't married for the previous years you cannot now claim you are, or claim dependents that didn't exist at that time.

[VanessaTony 3,567]

I appreciate you concern, but I worded it wrong. I did not file for previous taxs years as jointly, I am suppose to do that for this tax year. I can't edit the OP for some reason.

No.. I don't know how you worded the above wrong, you're quite clear that you amended returns to show you're married 2 years before you are. This is tax fraud.

In the OP you wrote:

Anyhow, since she does have a social security number and we got married, I was able to file my 2 previous tax returns as joint returns and was able to get about 3 checks in refund from the government.

This is quite clear about what you've done, I just don't think you realised you were committing tax fraud, a felony, and are now trying to back track.

I suggest you contact the tax department and let them know you incorrectly amended. I think you'd expect an audit honestly...

[reese1 68]

Although her passport is valid identification, because it is issued from a foreign country, more than likely they will check to make sure the visa, I-94 is still valid which at this time it is not(the OP's bank seems to be a strictly by the book). She is not in the US illegally, however she is out of status and based on that she will not be able to get a state ID or drivers licenses until the AOS is filed and at least the EAD combo card is received. There have been a few vj members that have ran into this problem.

[Tygrys 143]

I appreciate you concern, but I worded it wrong. I did not file for previous taxs years as jointly, I am suppose to do that for this tax year. I can't edit the OP for some reason.

If you haven't, how come are the refund checks in both names?

[hikergirl 277]

Although her passport is valid identification, because it is issued from a foreign country, more than likely they will check to make sure the visa, I-94 is still valid which at this time it is not(the OP's bank seems to be a strictly by the book). She is not in the US illegally, however she is out of status and based on that she will not be able to get a state ID or drivers licenses until the AOS is filed and at least the EAD combo card is received. There have been a few vj members that have ran into this problem.

I am a Canadian citizen, living in Canada, with no SSN or ITIN and I have a US bank account and a US Visa Check Card.

It is allowed and perfectly legal, it's just most tellers are not trained in how to open accounts for foreigners.

[N-o-l-a 7,168]

If you haven't, how come are the refund checks in both names?

I don't see how it could happen any other way.

Even was I married the first time and we filed separately, they were in each parties' name respectively. How would the IRS even get her name if she wasn't put on the taxes as being married for those years?

[reese1 68]

I am a Canadian citizen, living in Canada, with no SSN or ITIN and I have a US bank account and a US Visa Check Card.

It is allowed and perfectly legal, it's just most tellers are not trained in how to open accounts for foreigners.

I did not state that it is not allowed or illegal. Just that based on the fact that she is out of status she will not be able to get a state ID or drivers license, and as the OP has already stated HIS bank will not do it with the passport that his wife has. Is it because her visa is no longer valid who knows. Since Canadian citizens do not need a visa to enter the US the guidelines maybe a little different for you, again not sure on that. The Op's wife may have very well been able to get added onto his bank account with her passport alone before her I-94 expired and she was out of status. And I agree most tellers most likely know nothing about opening an account for a foreigner, and I am sure they no even less about the immigration process therefore if they see a foreign passport WITH an expired visa/I94 they will look at it as the person is in the US illegally and give them a hard time, which is what it sounds like is happening to the Op IMO.

Edited December 5, 2012 by reese1

[hikergirl 277]

I did not state that it is not allowed or illegal. Just that based on the fact that she is out of status she will not be able to get a state ID or drivers license, and as the OP has already stated HIS bank will not do it with the passport that his wife has. Is it because her visa is no longer valid who knows. Since Canadian citizens do not need a visa to enter the US the guidelines maybe a little different for you, again not sure on that. The Op's wife may have very well been able to get added onto his bank account with her passport alone before her I-94 expired and she was out of status. And I agree most tellers most likely know nothing about opening an account for a foreigner, and I am sure they no even less about the immigration process therefore if they see a foreign passport WITH an expired visa/I94 they will look at it as the person is in the US illegally and give them a hard time, which is what it sounds like is happening to the Op IMO.

I'm sorry I didn't mean to make it sound like I was calling you out.

I just wanted to point out that I am a non-resident alien with a US bank account. I am in complete agreement in that it seems to me that banks (and other organizations) are needlessly giving people a hard time these days due to lack of training and/or knowledge on their part.

Hopefully the OP can push his case with someone higher in the bank in order for his wife to get added onto the account - or find a different bank that will allow them to open a joint account. He may have an ITIN for her already which should make the process easier for them.

[Hagrid 22]

Three days after I got here, me and my wife opened a joint account together. That depends of the bank, we were not even married and were able to do that and it's the account we have been using. Check with another bank that doesn't give you a hassle, she just needs her s.s. card and two form of identification like her passport with the visa she used to enter the country even if it's expired and a debit card from another bank (that is what we used for me).

[Jahwaree 83]

Careful buddy U have to be married and living together for the yr U filed jointly for or at least for 9 mths if am not mistaken, so how do U file jointly for 2 yrs , also with all these checks is your wife in the mix to cash them ? she can use her valid pp and SS card to cash the checks if both of U want to, if U try to cash it without her thats where U may have a prob. U can cash checks from IRS at any Ace check cashing with a valid PP and social, or any reputable check cashing place, the IRS do not play, so sort yourselves out.

[ceadsearc 516]

Try a different bank or a different location. But first straighten out the tax situation because that isn't just an IRS problem. USCIS might think you lied and were really married before your fiancée came here, and assume you committed visa fraud.

[amaguirr 0]

Is it me who doesn't understand the post?? This doesn't make any sense. How did you file as married if you were not? I am sorry but it looks like you messed up big time! This is fraud and it is going to have HUGE consequences if you and your wife try to adjust her status now since you will need your tax returns for the previous three years before you got married. You definitely have RED FLAG!

[Moomin 292]

Try a different bank or a different location. But first straighten out the tax situation because that isn't just an IRS problem. USCIS might think you lied and were really married before your fiancée came here, and assume you committed visa fraud.

Precisely. Try sending AOS now with your recent tax returns.

Anyways, Centier let me cash a check with passport and marriage certificate before I had an account with them. Maybe you can try that bank.

[feli114 65]

I added my husband to my bank account with his SS and his passport.