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Btranquilo

Is it possible to withdraw a W-7 ITIN application?

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My foreign spouse filed a W-7 ITIN (Individual Taxpayer Identification Number) application that was submitted to IRS in April, 2015 and accompanied our 1040 Federal Tax Return. Our 1040 filing of the federal and state income taxes for 2014 was as "Married Filing Jointly". The W-7 ITIN application has been rejected by IRS with a request to send it again with the original passport of my wife. Understandably, my wife does not want to send me her original Nicaragua passport for me to then forward to IRS Austin office.

Because the ITIN W-7 application has not been processed the Austin IRS office says that the 1040 for 2014 (filed on 4/15/2015) cannot be processed until the W-7 application has been resolved. Obviously the filing status of "Married filing Jointly" changes the amount of taxes owed, any refund amount, etc.

Subsequent to the filing of the 1040 tax return along with the W-7 ITIN application my wife received her visa and is now planning to enter the US (for the first time) in early September of this year.

When I called the IRS ITIN in Austin, TX this morning I asked if it was possible for my wife to withdraw or cancel the W-7 ITIN application and then I would file an amended 1040X tax return with "Married Filing Separately" status. The individual I was talking to at the Austin IRS ITIN office said she could not advise me on the ITIN application since I was not the applicant (my wife is). She also said she could not advise me about filing an amended 1040X return and changing the status to "Married filing Separately" and I should consult the appropriate IRS policies for possible amended tax returns. My idea was after my wife receives her social security card that I would then file a second amended 1040X for 2014 reverting to the "Married Filing Jointly" status

So, based on the above, my questions are:

1. Should I simply do nothing for the time being and wait until my wife arrives and receives her SS number and then submit a new 1040 tax return for 2014?

2. Can a W-7 ITIN application that has been rejected by IRS be withdrawn or cancelled? If yes, is there a correct way to do this?

3. Since my original 1040 Federal Income tax form filed on 4/15/2015 is in limbo should I proceed to now file an amended 1040X and close the file on the 2014 federal taxes. Can I simply proceed to file an amended 1040X federal tax return for 2014 and change the filing status to "Married filing Separately"? and, if so, should I sent the amended 1040X form to the Austin IRS ITIN office or to the regional office of IRS indicated for amended returns?

Wow, thanks for anyone who feels that they can give me some advice based on their experience or expertise. I have called some private IRS acceptance agents but have not talked to anyone yet who feels they can advise me on this.

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So, based on the above, my questions are:

1. Should I simply do nothing for the time being and wait until my wife arrives and receives her SS number and then submit a new 1040 tax return for 2014?

2. Can a W-7 ITIN application that has been rejected by IRS be withdrawn or cancelled? If yes, is there a correct way to do this?

3. Since my original 1040 Federal Income tax form filed on 4/15/2015 is in limbo should I proceed to now file an amended 1040X and close the file on the 2014 federal taxes. Can I simply proceed to file an amended 1040X federal tax return for 2014 and change the filing status to "Married filing Separately"? and, if so, should I sent the amended 1040X form to the Austin IRS ITIN office or to the regional office of IRS indicated for amended returns?

Wow, thanks for anyone who feels that they can give me some advice based on their experience or expertise. I have called some private IRS acceptance agents but have not talked to anyone yet who feels they can advise me on this.

1.) Yes, just file the return when you guys get her SSN. Pay any taxes due by the due date (moot point by now), but if you get a refund - essentially, no harm, no foul.

2.) You can send a letter to the ITIN unit, but filing your MFJ return should be sufficient enough to rescind the ITIN application. Once she has SSN, ITIN is invalid anyways.

3.) Now, does this mean you have filed or not? If you have filed your 2014 return, you need to complete Form 104X from MFS to MFJ. You can send it to the address on the instructions and skip the ITIN unit. If you have just waited to file your return, such as if you had submitted an extension (which would have allowed you to October 15, 2015 to avoid this whole headache), then file your original return. Sorry, I'm just not too clear on if you have already filed or not. I may not have read the message clear enough.

Hope this helps!!


K-1 fiance visa journey

 

July 22, 2014 - First connection through website ** March 4, 2015 - First meeting in person in a third country (first visa stress!) ** March 18, 2015 - Sent Form I-129F ** March 19, 2015 - Received by Dallas Lockbox at 8:09 AM CST ** March 24, 2015 - Received USCIS receipt confirmation text and e-mail at 9:04 PM CST - NOA1 ** April 7, 2015 - Received USCIS approval confirmation text and e-mail at 9:30 PM CST - NOA2 ** April 24, 2015 - Called NVC and confirmed receipt ** April 25, 2015 - CEAC.GOV reflecting embassy number as 'In NVC' ** April 29, 2015 - CEAC.GOV reflecting embassy number as 'In Transit' ** May 5, 2015 - Petition arrived at embassy - 'Ready' status ** June 14, 2015 - Received Packet 3 and 4 (Interview and document list combined) ** June 29, 2015 - Medical exam ** July 7, 2015 - Embassy interview!!...then...CEAC.GOV reflecting embassy number as 'Administrative Processing' ** August 4, 2015 - Received call from US Embassy to drop off his passport!! ** September 3, 2015 - CEAC.GOV reflecting embassy number as 'Ready' and Nonimmigrant!!!!!!! TOMORROW!.....no...still waiting... ** October 13, 2015 - CEAC.GOV reflecting 'Administrative Processing' ** October 15, 2015 - CEAC.GOV now says 'Issued' !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

November 10, 2015 - Dallas POE! He's here

November 16, 2015 - Our marriage :)

Adjustment of Status journey ~ ROC Date December 21, 2017 ~

 

December 9, 2015 - Mailed AOS package (Day 0) ** December 10, 2015 - Received by Chicago Lockbox at 1:06 PM CST (Day 1) ** December 14, 2015 - Initiated county name change petition ** December 22, 2015 - Received USCIS receipt confirmation text and e-mail at 11:34 PM CST - NOA (Day 13) ** January 4, 2016 - Additional information delivered to NBC at 10:10 AM CST (Day 26) ** January 11, 2016 - Fingerprint fee accepted for Form I-485 (Day 33) ** January 19, 2016 - Received Selective Service registration card ** January 20, 2016 - Service request initiated and completed for biometric appointment (Day 42) ** January 23, 2016 - Received biometric letter dated January 16, 2016 (Day 45) ** February 5, 2016 - Biometric appointment (Day 58) ** February 19, 2016 - Request for Initial Evidence for EAD/AP (Day 72) ** February 25, 2016 - Received RFIE (Day 78) ** February 26, 2016 - Mailed response to RFIE (Day 79) ** February 29, 2016 - Response to RFE delivered to NBC at 11:06 AM CST (Day 82) ** March 3, 2016 - EAD status update to RFE response received March 1, 2016 (Day 85) ** March 4, 2016 - EAD/AP approved/card being produced (Day 86) ** March 9, 2016 - EAD/AP card mailed (Day 91) ** March 12, 2016 - EAD/AP received (Day 94) ** March 21, 2016 - GC approved/card being produced (Day 103) ** March 24, 2016 - GC mailed and name change completed (should have been February 4, 2016...) (Day 106) ** March 26, 2016 - Conditional GC received (Day 108)

Removal of Conditions journey ~ USC Date December 21, 2018 ~

Spoiler

December 21, 2017 - Mailed ROC package (Day 0) ** December 26, 2017 - Received by Laguna Niguel Lockbox  at 12:40 PM CST (Day 1) ** January 2, 2018 Check cashed (Day 7) ** January 6, 2018 Received NOA1 dated December 26, 2017 (Day 11) ** February 13, 2018 - Service request initiated for biometric appointment (Day 49) ** February 23, 2018 - Received service request letter response dated January 19, 2018 instructing us to wait (Day 59) ** March 5, 2018 - Case Received at Local Office (Day 69) ** June 15, 2018 - Case Transferred to Another Office (Day 171) ** June 18, 2018 - Case Transferred and New Office Has Jurisdiction (Day 174) ** August 24, 2018 - Rec'd extended NOA1 dated August 18, 2018 (Day 241) **

 

 

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Thanks for the reply and number one I should have filed for an extension as you indicate. Number two we did file "Married filing Jointly" back in April of this year. And, finally, I will take your advice and simply wait until my wife receives her SS card and then re-submit the original 1040 with the only change being that I can then enter her SS number.

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