If ITIN application rejected, what next?

[mspiggy 1]

Hi all,

 

My husband and I filed taxes jointly this March along with my application for ITIN (Form W-7) at Taxpayer Assistance Centers. We provided necessary documents (passport, visa, birth certificate). However, we got a letter from IRS just a few weeks ago saying we need to sent my original passport for further verification. If they won't get a reply and sent a document they asked, they will reject my ITIN application. My husband is the USC and we are married but still haven't filed the AOS. I've got no SSN or any state id. I am very much concerned since my passport is the only document I have, and if somewhere along the delivery it might get lost. What are our best options?

 

We are thinking to just sent the original passport anyway or maybe we can just save up for the AOS filing then if we get the combo card then we can get the SSN then file taxes after? Also, if we file AOS, they will need Form 1040 of three years and IRS transcripts and such. If we are unable to provide a document that we don't have then it will be a prob in issuing a combo card which in turn won't have an assurance we can get a combo card for SSN. I am overthinking and I am very clueless how everything works. Please help!

 

[EandH0904 1,184]

Why not just get a SSN? If you came here on k1 and got married it's super easy and fast....

[mspiggy 1]

4 minutes ago, EandH0904 said:

Why not just get a SSN? If you came here on k1 and got married it's super easy and fast....

We have applied for SSN but for some reason the postman didn't delivered it unless accepted personally since it is case sensitive. then we lost track of time expecting it'd b still delivered. til my k-1 visa expired and when we went to get it in SSA office they won't give it unless i present some state id. i only got a passport with k1 visa expired.

[VanDerFran 10]

Your case is a bit hard to understand, but let me make some assumptions,  correct me if I am wrong.

1. You came as a K1.
2. You did not got married in 90 days, but got married after.
3. Your husband wants to claim you on his income-tax for tax benefit and u do not have a SSN.
4. You file for income-tax using a ITIN instead of SSN.

You will be considered illegal and should leave.

 

If I was you, I would not do anything with the IRS;  under the current administration they are under pressure to report any suspicion to ICE. Instead you should look for a lawyer and get you residence corrected.

 

Your husband married you when u were illegally here, it will be a bit complicated, but it is doable, poking the IRS for tax benefit is no advisable.

 

 

[mspiggy 1]

2 hours ago, VanDerFran said:

Your case is a bit hard to understand, but let me make some assumptions,  correct me if I am wrong.

1. You came as a K1.
2. You did not got married in 90 days, but got married after.
3. Your husband wants to claim you on his income-tax for tax benefit and u do not have a SSN.
4. You file for income-tax using a ITIN instead of SSN.

You will be considered illegal and should leave.

 

If I was you, I would not do anything with the IRS;  under the current administration they are under pressure to report any suspicion to ICE. Instead you should look for a lawyer and get you residence corrected.

 

Your husband married you when u were illegally here, it will be a bit complicated, but it is doable, poking the IRS for tax benefit is no advisable.

 

 

1. Yes, I came here as K1.

2. We did get married within the 90 days and applied for SSN within the 90days but we were not able to get the SSN within the 90 days. By the time we tried to get the SSN, my k1 visa was already expired.

3 & 4. Yes, my husband claimed me for income tax benefit using ITIN instead of SSN.

 

Hope I got all your assumptions answered.

 

We don't have the money yet for the AOS thus we were hoping that the tax returns will help.

 

Thanks for the input.

 

 

[payxibka 10,045]

4 hours ago, mspiggy said:

Hi all,

 

My husband and I filed taxes jointly this March along with my application for ITIN (Form W-7) at Taxpayer Assistance Centers. We provided necessary documents (passport, visa, birth certificate). However, we got a letter from IRS just a few weeks ago saying we need to sent my original passport for further verification. If they won't get a reply and sent a document they asked, they will reject my ITIN application. My husband is the USC and we are married but still haven't filed the AOS. I've got no SSN or any state id. I am very much concerned since my passport is the only document I have, and if somewhere along the delivery it might get lost. What are our best options?

 

We are thinking to just sent the original passport anyway or maybe we can just save up for the AOS filing then if we get the combo card then we can get the SSN then file taxes after? Also, if we file AOS, they will need Form 1040 of three years and IRS transcripts and such. If we are unable to provide a document that we don't have then it will be a prob in issuing a combo card which in turn won't have an assurance we can get a combo card for SSN. I am overthinking and I am very clueless how everything works. Please help!

 

If you read the instructions carefully, the original documents (or certified copies) are required.  If you send your passport and in the unlikely event something happens then you just go to the nearest Philipines Embassy or Consulate for your state and get it replaced.  Make a full copy of your passport before you submit it.

Edited May 12, 2018 by payxibka

[payxibka 10,045]

2 hours ago, VanDerFran said:

Your case is a bit hard to understand,

 

 

Actually quite easy to understand

Edited May 12, 2018 by payxibka

[VanDerFran 10]

1 hour ago, mspiggy said:

1. Yes, I came here as K1.

2. We did get married within the 90 days and applied for SSN within the 90days but we were not able to get the SSN within the 90 days. By the time we tried to get the SSN, my k1 visa was already expired.

3 & 4. Yes, my husband claimed me for income tax benefit using ITIN instead of SSN.

 

Hope I got all your assumptions answered.

 

We don't have the money yet for the AOS thus we were hoping that the tax returns will help.

 

Thanks for the input.

 

 

You are safe, you just need the money for the AOS,  you could go to the Social Security Office and request ur SS again,  and they could give you the number or the card in person.

[VanDerFran 10]

1 hour ago, payxibka said:

Actually quite easy to understand

You are correct, after I look her previous post, all made sense to me.

[payxibka 10,045]

2 minutes ago, VanDerFran said:

You are safe, you just need the money for the AOS,  you could go to the Social Security Office and request ur SS again,  and they could give you the number or the card in person.

No she cannot apply for a SSN until EAD.  She is no longer eligible as the I-94 is long expired

[VanDerFran 10]

1 hour ago, payxibka said:

No she cannot apply for a SSN until EAD.  She is no longer eligible as the I-94 is long expired

 

1 hour ago, payxibka said:

No she cannot apply for a SSN until EAD.  She is no longer eligible as the I-94 is long expired

so I-94 is valid for 90 days? I was under the impression that is 6 months 

[VanDerFran 10]

1 hour ago, VanDerFran said:

 

so I-94 is valid for 90 days? I was under the impression that is 6 months 

She mention that they got married, and apply for SS within 90 days, if she apply and never receive, she could get another copy in person

[payxibka 10,045]

9 minutes ago, VanDerFran said:

 

so I-94 is valid for 90 days? I was under the impression that is 6 months 

I-94 for a K-1 is 90 days and SSN application must be made before day 75 of entry

[mspiggy 1]

On 5/12/2018 at 3:58 PM, payxibka said:

If you read the instructions carefully, the original documents (or certified copies) are required.  If you send your passport and in the unlikely event something happens then you just go to the nearest Philipines Embassy or Consulate for your state and get it replaced.  Make a full copy of your passport before you submit it.

Thanks payxibka!

23 hours ago, VanDerFran said:

You are safe, you just need the money for the AOS,  you could go to the Social Security Office and request ur SS again,  and they could give you the number or the card in person.

Thanks VanDerFran!