Greencard in hand, can't get SSN

[N0mad 16]

My wife and I are dealing with a frustrating situation due to how poorly local SSA office has been handling the issuance of her SSN. I was wondering if there is a similar option to writing to a local Congressman to get the issue expedited as with USCIS cases that are being held up. Basically, there are a lot of moving parts, to make long story short:

• in 2020, our primary residence (a home I owned) burned down, insurance has agreed to reimburse me but I need to buy a like-kind property within 2 years (1 year has already elapsed, and I need to show submitted 2020 taxes to lenders)
• we filed an extension on 2020 taxes anticipating that she would have her Green Card in the fall
• in summer of 2021 she received her EAD and shortly after (September) we had her interview and she received her Green Card
• we requested her SSN in August using EAD documentation (because like with many others, we did not automatically receive an SSN despite requesting it on the forms we initially filled out), SSA told us not to resubmit the application with her Green card as that would introduce additional delays
• local IRS office has told us that we need to wait until her SSN is issued before submitting our 2020 taxes since she no longer qualifies for an ITIN
• without her SSN, she still can't get paid (even though she can and has started working)
• because we can't file taxes without SSN, we can't make offers on any of the properties on the market because lenders require last year's taxes to be filed (meanwhile the clock is ticking)
• to date, 4 months after requesting it, we have not received her SSN (a process that SSA has claimed would take 4 weeks). Based on SAVE portal, we see that her SSN application got returned twice already to SSA, after calling local SSA office, the reasons seem to be:
  • 1st time SSA clerk forgot to attach a portion of the file (which resulted in a delay until Nov 3, when it was resubmitted)
  • 2nd submission had a discrepancy in the address (because our old primary residence burned down), and this seems to be causing another several-month delay
  • the file was just resubmitted for the 3rd time and we're still waiting for it

 

Meanwhile, we can't purchase a new home until we get my 2020 taxes submitted (and are running out of time with insurance reimbursement), which we can't do until my wife gets her SSN, and her 2021 income likely won't be paid until 2022, pushing us into a higher tax bracket. Basically, the apathy exhibited by SSA in processing our case is causing real financial harm to us. The only complaint form I see online for SSA seems to be to report fraud, which is not applicable here, if anything this seems more like negligence. What are our options? Can we write to a local Congressman to get them to follow up with SSA as some people recommend with USCIS? Is there another agency we should contact who can expedite the process with SSA? My understanding is that it should never take 4+ months to get an SSN, even in post-COVID world. Thanks.

[JeanneAdil 6,498]

not sure who told u that she can not get i ITIN

 

ITIN. An ITIN, or Individual Taxpayer Identification Number, is a tax processing number only available for certain nonresident and resident aliens, their spouses, and dependents who cannot get a Social Security Number (SSN).

 

https://www.irs.gov/individuals/international-taxpayers/taxpayer-identification-numbers-tin#:~:text=SS-4PR PDF.-,ITIN,NNN-NN-NNNN).

[arken 4,197]

I guess contacting congressperson doesn't hurt though not sure if they can help. At this time waiting is the only option.

 

If you are in a rush, you could still file 2020 tax return as Married Filing Separately and amend to Joint tax return after your spouse gets SSN.

Edited December 9, 2021 by arken

[N0mad 16]

30 minutes ago, JeanneAdil said:

not sure who told u that she can not get i ITIN

 

ITIN. An ITIN, or Individual Taxpayer Identification Number, is a tax processing number only available for certain nonresident and resident aliens, their spouses, and dependents who cannot get a Social Security Number (SSN).

 

https://www.irs.gov/individuals/international-taxpayers/taxpayer-identification-numbers-tin#:~:text=SS-4PR PDF.-,ITIN,NNN-NN-NNNN).

The manager at the local IRS office told us this, and it's consistent with your link. I think your interpretation of "cannot get a Social Security Number (SSN)" is different from IRS interpretation. According to IRS, she CAN get an SSN, it's just taking much longer than they expect.

[N0mad 16]

34 minutes ago, arken said:

I guess contacting congressperson doesn't hurt though not sure if they can help. At this time waiting is the only option.

 

If you are in a rush, you could still file 2020 tax return as Married Filing Separately and amend to Joint tax return after your spouse gets SSN.

I see, I didn't realize that you could file separately without SSN (e-file system won't allow it, but reading more about it it looks like I can still file by mail). I will look into it, thanks.

[Ontarkie 14,221]

~~Moved to SSN, from US Citizenship General Discussion~~

[JeanneAdil 6,498]

2 hours ago, N0mad said:

The manager at the local IRS office told us this, and it's consistent with your link. I think your interpretation of "cannot get a Social Security Number (SSN)" is different from IRS interpretation. According to IRS, she CAN get an SSN, it's just taking much longer than they expect.

And i asked IRS agent (for a moroccan with a K1) and was told that when you have to wait for SS # past the normal 4/15 filing date,  you can apply for ITIN even though SS # applied for 

[Ayrton 965]

On 12/9/2021 at 7:55 PM, JeanneAdil said:

And i asked IRS agent (for a moroccan with a K1) and was told that when you have to wait for SS # past the normal 4/15 filing date,  you can apply for ITIN even though SS # applied for 

A person who is eligible for a SSN is not eligible to apply for an ITIN. OP's wife is a GC holder, therefore they can't apply for an ITIN.