Cannot cash tax refund check

[Schulley 20]

Hi all, I have a weird tax refund issue. My spouse and I were married in the United States last year, but he has since left the country and we are a few months into applying for a CR-1 visa. Because we were married last year, we filed our 2013 taxes together (married filing jointly) through the process where one also applies for an ITIN at the same time. All went well tax-wise and he now has an ITIN, but we received a letter than the direct deposit was rejected because his name is not also on my bank account, and they issued a paper check. (Note: Before we left the country we tried to put his name on the account, but my bank wouldn't let me because he did not at that time have an SSN or ITIN).

Now, my bank is refusing to cash the check because 1) his signature is not on the check, and 2) his name is still not on the account. I will be visiting him abroad next month so getting his signature is not a problem, but they still tell me that they will not cash it because his name is not on the account (and I cannot add him on the account unless he's physically present here).

So, I'm stuck with a tax refund check that I cannot cash. Any suggestions? Has anyone else had this problem?

[JohnR! 5,495]

Endorse the check for both of you, and deposit it in your account. Your bank ought to take it.

[Schulley 20]

They specifically said no--his name needs to be on the account.

[JohnR! 5,495]

They specifically said no--his name needs to be on the account.

If the check is endorsed the bank should accept it for deposit. They may refuse to cash it but they should accept it as a deposit.

[Schulley 20]

I agree. They SHOULD. But they are not.

[LC2016 15]

I have a friend who works at a financial institution and she said they won't except it because he has to be 1) physically present to endorse the check with ID and 2) he does have to be on your account because he has to have access to that money also since he's name is also on the check which would require him to be present to sign the signature card to that they are able to verify signatures on the check. Reason for that is that it can come back to bite the bank in the butt for up to a certain amount of time for any reason at all.

[Pitaya 2,577]

~Moved from IR1/CR1 Process to Tax & Finances During US Immigration Forum~

~Inquiry about MSJ tax return check processing~

[Schulley 20]

I understand why they have their processes and rules. I'm just hoping for a creative solution so that I don't have to wait a year to cash this check, which will then be void. It's a few thousand dollars!

[Birdo 16]

Endorse the check and deposit to your account at the ATM.

[christeen 966]

Go to other banks and see if you can open an account (a savings ) with his name on it. Have him endorse it and deposit the check there... Then you can just withdraw it from there. I just opened an account at chase with my husbands name on it but I was by myself.. They just said eventually at his convince, he can come in and sign a signature card.

[nightingalejules 678]

I agree that you should go around to other banks and see what they will do for you. Once you find a bank that is willing to be sensible, transfer all your money and accounts to the new bank and let the old bank managers know why. I wouldn't want to do business with a bank that was unwilling to figure out a way to get its clients their money.

[EAbbas 213]

now that he has an ITIN see if they will allow you to send via email the signature card etc. That's what the financial institution I work for would do. He would need to supply a copy of his passport for photo ID but as long as they would accept his signature from him via scan or fax it should work and then your accounts will have both names on them.

It's federal regulation that you can't take a joint tax refund check and deposit into an account without having both individuals present or both names on the account. It's not just to protect the financial institution but the individuals of the refund involved as well. IF a financial institution does this then they are not following federal guidelines.

Putting it in the ATM depository only holds the funds in the account and then when it can be verified by those who open the depository they will reverse the deposit if it's not correct

.

Edited April 22, 2014 by EAbbas

[Schulley 20]

Thanks for everyone's ideas! I understand the "no check cashing" rule for legal reasons, but it is my bank's choice to not let me add him to the account without his physical presence. I was hoping to avoid all of the steps of moving my accounts, but after some thought, I don't want to do business with them anymore (Chase Bank). So, after doing more research, I've already applied to open a new joint account at HSBC. Since they do so many online accounts, they do not have a physical presence rule on adding new users to an account--one just has to mail or fax them a signature card, which he can do from Panama.

Oh, and some of you might find this funny. I didn't mention it before, but he works for a Chase call center right now in Panama. He has a Chase email address (FIRSTNAME.LASTNAME@chase.com), but they said this wasn't good enough. Nor was a signed signature card when he would then verify that he signed in a later Skype/FaceTime call. (What can I say, I was getting creative). I was even going to get a notarized form granting me power of attorney, but she said the bank doesn't accept POTs for cashing government-issued checks. (I didn't know they could refuse).

[christeen 966]

Given all that I would definitely change banks ... Like I said, I just opened an account with chase without my husband? But I know,the whole adding to accounts varies so much from bank to band and branch to branch... I hear good things about HSBC (well aside from the Swiss money laundering thing) .. Lol

[PallasAthena 101]

... I don't want to do business with them anymore (Chase Bank).

RUN! Run as fast as you can away from Chase! "Ladrones" like they say in Spanish, lol!! (The same applies for Bank of America... ruuuuunnn!!!)

I am glad that you found HSBC. I was going to suggest Wells Fargo because they were very flexible with me.

Good luck on your journey!