ITIN / W7 for IRS

[smurfett 0]

i don't know if this topic in the wrong place or not, but i have some question for my friend. It's about her ITIN case. She doesn't have GC yet and SSN because she was late to process it before her visa expired K1 visa ) so now been almost a half year after tax time, and IRS reject her application because they need original document not just certified her passport from certified agents like H&R Block

She did certified in H&R Block acceptance agent from IRS in her city ( they gave her the list ) but suddenly IRS sent a letter said rejected and needs to send original document ( in this case the only one document which is valid for her just her passport )

My question is :

Does she needs to certified her passport from her embassy / acceptance agent ( from IRS list ) or just send the original passport to IRS ? and is she needs to send another original documents like birth certificate? or wedding certificate ?

So maybe anybody here know the answer would be very helpful

And btw is that okay if after almost 2 years married but she doesn't apply for AOS yet? is that will be a problem in USCIS later?

Thanks

[Dave&Roza 748]

i don't know if this topic in the wrong place or not, but i have some question for my friend. It's about her ITIN case. She doesn't have GC yet and SSN because she was late to process it before her visa expired K1 visa ) so now been almost a half year after tax time, and IRS reject her application because they need original document not just certified her passport from certified agents like H&R Block

She did certified in H&R Block acceptance agent from IRS in her city ( they gave her the list ) but suddenly IRS sent a letter said rejected and needs to send original document ( in this case the only one document which is valid for her just her passport )

My question is :

Does she needs to certified her passport from her embassy / acceptance agent ( from IRS list ) or just send the original passport to IRS ? and is she needs to send another original documents like birth certificate? or wedding certificate ?

So maybe anybody here know the answer would be very helpful

And btw is that okay if after almost 2 years married but she doesn't apply for AOS yet? is that will be a problem in USCIS later?

Thanks

First thing to clearify is that the K-1 visa expired the day she used it. Now that her I-94 is expired she is out of status and accuring over-stay days. Once she hits 180 days the advance parole (AP) is worthless as she would not be allowed back in to the US. Now that 2 years has expired, she might need to file the I-130 with the I-485. She will need to do another medical examine. Until she adjusts status she cannot work, cannot leave the US, cannot get a SSN, is not a LPR, and can be detained by CBP if she gets close to the Southern Border and is stopped by them.'

She was eligible for a SSN and now must follow all the rules for getting an ITIN. See the instructions for the W-7 here.

Good luck,

Dave

[smurfett 0]

First thing to clearify is that the K-1 visa expired the day she used it. Now that her I-94 is expired she is out of status and accuring over-stay days. Once she hits 180 days the advance parole (AP) is worthless as she would not be allowed back in to the US. Now that 2 years has expired, she might need to file the I-130 with the I-485. She will need to do another medical examine. Until she adjusts status she cannot work, cannot leave the US, cannot get a SSN, is not a LPR, and can be detained by CBP if she gets close to the Southern Border and is stopped by them.'

She was eligible for a SSN and now must follow all the rules for getting an ITIN. See the instructions for the W-7 here.

Good luck,

Dave

Thanks Dave, she came here last June or July as i remember and waiting to get $ from tax refund to process the GC and now IRS reject because need original document.

I asked my other friend's lawyer about this, do they need to fill AOS for 10 years and the answer is they can't, they still have to process for 2 years GC first

So better process GC while IRS doing cross check tax W7 or just waiting tax refund first? kinda confusing me hahahaa

[Dave&Roza 748]

Thanks Dave, she came here last June or July as i remember and waiting to get $ from tax refund to process the GC and now IRS reject because need original document.

I asked my other friend's lawyer about this, do they need to fill AOS for 10 years and the answer is they can't, they still have to process for 2 years GC first

So better process GC while IRS doing cross check tax W7 or just waiting tax refund first? kinda confusing me hahahaa

You are talking about two entirely different processes. The IRS and the USCIS are two completely seperate government agencies. The IRS is under teh Department of Revenue and the USCIS is under the DEpartment of Homeland Security. What you do with one has no impact on the other unless the USCIS requires copies of your tax return, then you need to deal with teh IRS. I would file the AOS and get that going if you have the $1070 inorder to pay the filing fee. If you need the refund in order to file the AOS, then I would get teh ITIN number. You can go to a local IRS office near you for help and might be able to apply for teh ITIN number in person and get it before you leave. I have never needed an ITIN number. You might want to search for Darnell as he is the SME (Subject matter expert) on getting an ITIN. I just want you to be aware that her medical will expire one year after she had it. If it is expired then she will need to go to a Civil Surgeon for a new one and that will cost you approximately $150-$300 depending on the Civil Surgeon to get the I-693 completed. One reason to file AOS ASAP after marriage.

Good luck,

Dave

Edited December 14, 2012 by Dave&Roza

[Darnell 8,478]

I suggest something else. Go into a local IRS office

with W-7 form and her passport and the tax return (bring the husband)

and file it there, in person, with an IRS officer.

The IRS Officer will make a photocopy of the passport right then and there, and will forward all to the ITIN office in Austin , TX.

[smurfett 0]

You are talking about two entirely different processes. The IRS and the USCIS are two completely seperate government agencies. The IRS is under teh Department of Revenue and the USCIS is under the DEpartment of Homeland Security. What you do with one has no impact on the other unless the USCIS requires copies of your tax return, then you need to deal with teh IRS. I would file the AOS and get that going if you have the $1070 inorder to pay the filing fee. If you need the refund in order to file the AOS, then I would get teh ITIN number. You can go to a local IRS office near you for help and might be able to apply for teh ITIN number in person and get it before you leave. I have never needed an ITIN number. You might want to search for Darnell as he is the SME (Subject matter expert) on getting an ITIN. I just want you to be aware that her medical will expire one year after she had it. If it is expired then she will need to go to a Civil Surgeon for a new one and that will cost you approximately $150-$300 depending on the Civil Surgeon to get the I-693 completed. One reason to file AOS ASAP after marriage.

Good luck,

Dave

Thanks for the info and she told me that she already called IRS office and they just want her to send original passport which is still valid with photograph because now IRS didnt take any authorize acceptance agents anymore, they need original one

and they will fill AOS soon after they get the refund, and yes she already knew about another medical check up again but she just got GC for 2 years right?

I suggest something else. Go into a local IRS office

with W-7 form and her passport and the tax return (bring the husband)

and file it there, in person, with an IRS officer.

The IRS Officer will make a photocopy of the passport right then and there, and will forward all to the ITIN office in Austin , TX.

Thanks Darnell, yes they did before but IRS in her city just gave some list for acceptance agents which is not valid anymore, they already gave local IRS all copies of passport, birth certificate and wedding certificate certified

and now she will just send the original one and make it done

[Darnell 8,478]

sorry, i not certain then, but am now -

you weren't in the USA, so you could never 'stand' in front on an IRS officer.