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Anas & Ayesha

ITIN Question OR Advice Needed

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I need some advice please.

I just got off the phone with H&R Block and they are telling me my husband (from Pakistan) cant get a ITIN number so he can file taxes with me, as Married. I cant get a good answer from H&R Block as to why because I have read here in this forum that many of you have done just that.

What should I do now?

Thank you for your help in this matter.


Your I-130 was approved in 293 Days
04/18/2011 Sent in I-130
04/28/2011 NOA 1 Received in the Mail
11/10/2011 Received a REF **Must prove Bona Fide Marital Relationship**
01/03/2012 Sent REF documentation to California Service Center 2079 pages sent to USCIS
01/05/2012 UPDATED CASE STATUS...On January 5, 2012, we received your response to our request for evidence.
02/07/2012 NOA2 I-130 APPROVED

Embassy
06/27/2012 Interview Date
05/12/2012 Medical done in Lahore
06/272012 DENIED AT THE INTERVIEW 212(A)(5a) ***this code is incorrect*** We have no idea why they denied the visa!

APPEAL PROCESS
08/29/2012 File received back at NVC Embassy and forwarded to CSC
09/10/2012 Received a NOA 1 & Text Message that file was sent to California Service Center where they will make a decision on our case.

05/29/2013 Reaffirmed by USCIS without any appeal process

Embassy

07/02/2013 The Embassy called my husband for packet 3.

07/11/2013 My husband sent in packed 3

07/17/2013 Embassy refused our case yet again without an Interview and set our file back to NVC

07/20/2013 NVC returned out file to USCIS

09/29/2013 To date USCIS has not entered our case back into the system and no one knows where it is!



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Wonder why your husband cannot get an ITIN if you are LPR or Citizen using form W7.

Why dont you walk in a IRS office? They can answer this question for you.

http://www.irs.gov/localcontacts/article/0,,id=98325,00.html

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You sure can get an ITIN for your spouse. You will just need a certified or notarized copy of your spouses passport (or combination of other documents mentioned in the W-7 instructions) and mail it with the completed W-7 along with your tax return to the Austin ITIN office to process. Unfortunately you cannot file electronically in this situation and that could be why H&R Block is resisting. Good luck.

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Well, I dont know about HR Block. But here is my story:

I called IRS couple of months ago and talked to an agent for almost an hour. He asked me file for ITIN alongwith your 1040, which I did couple fo weeks ago.USE W-7, which will constitute all your SPOUSE's information except for "part-e", where you will write the US Citizen or LPR holder's name and SS#. That form w-7 will be signed by your spouse and will be sent to the address below along with your CURRENT YEAR's TAX RETURN (MUST !!!!)

IRS ITIN OPERATIONS

P.O.BOX #149342,

Austin, TX- 787141-9342.

Besides filling in forn W-7 and 1040, you will also require a letter addressed by your spouse in Pakistan to IRS stating that HE/SHE is electing to be treated as RESIDENT ALIEN, only for Tax purposes. The document which IRS agent suggested me to send was passport photocopy of my SPOUSE's in Pakistan along with this packet.I sent following documents, in addition to my spouse's passport photocopy ( to be on the safeside):

1- Copy of our marriage certificate.

2-Spouse's Birth certificate

3-Copy of National Identity card of my Spouse.

4-Copy of Driver's License of my spouse.

NOW, only exception to this is if you already FILED your 2011 INCOME TAX RETURN, then I dont think you will be able to get your SPOUSE an ITIN number this year.The reason is The first and foremost requirement of w-7 is you have to send W-7 along with your 1040 Return.

Thats how I did mine this year.Thats my humble opinion.

Thanks

NiSham


01/15/12: I-130 package sent to Chicago Lockbox

01/18/12: Package delivered (signed for by Chyba)

01/21/12: NOA1 via text and email - Petition routed to CSC

01/26/12: Cheque cashed

06/20/12: NOA2

07/09/12: NVC receieved my case from USCIS

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ITIN is granted when a W-7 form is submitted, with proper ID, along with a PAPER 1040 (and all other forms)

via postal mail

to

the special ITIN address listed in the W-7 instructions.

Have you reviewed the W-7 instructions???


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

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agreed with the posts.. you can def get an ITIN number and file joint for taxes. Only thing we were told we couldnt do was to file electronically but it would have to be sent via post to IRS instead because of the ITIN form and documents.


10/02/2010 Nikah/Marriage in Karachi
USCIS JOURNEY
11/10/2010 -Sent
03/24/2011 i 130 approved!!!
NVC JOURNEY
03/30/2011 NVC received case-04/07/2011 NVC Case Number Assigned
05/03/2011 CASE COMPLETE- In Que for INTERVIEW!!-05/17/2011 Received interview letter and info via email
EMBASSY JOURNEY
05/20/2011 Medical Appt/passed
06/15/2011 Interview result AP
06/21/2011 Submitted requested docs..under review
07/25/2011 CO called did phone interview result: PENDING MANDATORY AP/CO told us they have to do namechecks

03/07/2013 Case returned to USCIS waiting for NOIR/reaffirmation

04/18/2013 USCIS received case for review

08/19/2013 Received NOIR to respond by 9/18/2013

9/9/2013 Responded to NOIR/USCIS received documents awaiting response

9/20/2013 USCIS reaffirmed sent to embassy

1/04/14 Case opened for review

8/31/15 Interview- no questions visa approved on the spot

9/8/15 visa status issued

9/10/15 visa received

9/19/15 POE Charlotte

p9WGm4.png

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in my case, my wife has not yet got his NIC due to stupid NADRA voting list thing is currently going on. so my wife need NIC which is not possible until the end of february, and after that she will able to apply passport. :(


USCIS:

11/19/2011: I-130 Sent

11/25/2011: NOA1 email notification received.

11/28/2011: Petition touched

04/27/2012: NOA2 email notification received.

NVC:

05/07/2012: NVC received

05/30/2012: Called NVC to receive Case # & IIN

XX/XX/2012: AOS bill invoiced and paid

XX/XX/2012: AOS package mailed

XX/XX/2012: AOS Receipt Paid

XX/XX/2012: DS-3032 acceptance e-mail received

XX/XX/2012: IV bill invoiced; IV bill

XX/XX/2012: IV fee

XX/XX/2012: IV fee bill appears PAID

XX/XX/2012: DS-230 delivered to NVC

XX/XX/2012: CASE COMPLETE

Embassy:

XX/XX/2012: Embassy received

XX/XX/2012: Interview scheduled

XX/XX/2012: Medical

XX/XX/2012: Interview

XX/XX/2012: Visa received

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I am thinking to write NR where form 1040 asked to provide SSN/ITIN. and post it by mail to IRS.


USCIS:

11/19/2011: I-130 Sent

11/25/2011: NOA1 email notification received.

11/28/2011: Petition touched

04/27/2012: NOA2 email notification received.

NVC:

05/07/2012: NVC received

05/30/2012: Called NVC to receive Case # & IIN

XX/XX/2012: AOS bill invoiced and paid

XX/XX/2012: AOS package mailed

XX/XX/2012: AOS Receipt Paid

XX/XX/2012: DS-3032 acceptance e-mail received

XX/XX/2012: IV bill invoiced; IV bill

XX/XX/2012: IV fee

XX/XX/2012: IV fee bill appears PAID

XX/XX/2012: DS-230 delivered to NVC

XX/XX/2012: CASE COMPLETE

Embassy:

XX/XX/2012: Embassy received

XX/XX/2012: Interview scheduled

XX/XX/2012: Medical

XX/XX/2012: Interview

XX/XX/2012: Visa received

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For 2010 I wanted to claim the "married filing separate" option when my bubby was overseas, But I had read on the IRS.GOV website on a publication that they were no longer accepting that people write NRA (non resident alien) on the form.

Since I still needed my husband's SSN or ITIN I submitted via snail mail my return along with form W-7 and notarized copies of his IDs.

I got my refund no problem but received an official letter addressed to him saying that they could not provide my hubby with an ITIN number because they had not received HIS return. I didn't give a ####### because I only wanted the number in order to fill out my taxes correctly, and he was going to receive his social security card anyways upon entry to US.

Keep in mind that a person cannot have both a working ITIN and SSN. If your spouse is assigned an ITIN now, make sure that you cancel the ITIN upon receiving the SSN.

p.s

In 2009 I needed my refund money ASAP so I wanted to e-file instead of snail mail. I was not able to do it with the "Married" options because the software did not let me continue without a SSN/ITIN for hubby. So I chose the "Single" and then amended my taxes to correct the mistake a couple of months after. When I ammended my taxes to married I did not claim the EIC (earned income credit) in order to keep my refund as it was and avoid complications.


wuha.jpgdU2lm5.png

 

N400 Mailed: 12/09/2016

Priority Date: 12/13/2016

Biometrics Appmt: 01/13/17

 

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I am thinking to write NR where form 1040 asked to provide SSN/ITIN. and post it by mail to IRS.

Don't take that risk. This is an excerpt from IRS.GOV general ITIN information page

To obtain a SSN, see Form SS-5, Application for a Social Security Card. To get Form SS-5 or to find out if you are eligible to obtain a SSN, go to Social Security Administration Website or contact a SSA office. By law, an alien individual cannot have both an ITIN and a SSN.

IRS processes returns showing SSNs or ITINs in the blanks where tax forms request SSNs. IRS no longer accepts, and will not process, forms showing "SSA205c," "applied for," "NRA," blanks, etc.


wuha.jpgdU2lm5.png

 

N400 Mailed: 12/09/2016

Priority Date: 12/13/2016

Biometrics Appmt: 01/13/17

 

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Thank you so much for all the information. I will read the directions for the W-7. Just want to get my taxes done before our next process....right now we are waiting to hear back on our REF.

So if everything works out we can cancel the ITIN number before applying for a SSN and all should be fine.


Your I-130 was approved in 293 Days
04/18/2011 Sent in I-130
04/28/2011 NOA 1 Received in the Mail
11/10/2011 Received a REF **Must prove Bona Fide Marital Relationship**
01/03/2012 Sent REF documentation to California Service Center 2079 pages sent to USCIS
01/05/2012 UPDATED CASE STATUS...On January 5, 2012, we received your response to our request for evidence.
02/07/2012 NOA2 I-130 APPROVED

Embassy
06/27/2012 Interview Date
05/12/2012 Medical done in Lahore
06/272012 DENIED AT THE INTERVIEW 212(A)(5a) ***this code is incorrect*** We have no idea why they denied the visa!

APPEAL PROCESS
08/29/2012 File received back at NVC Embassy and forwarded to CSC
09/10/2012 Received a NOA 1 & Text Message that file was sent to California Service Center where they will make a decision on our case.

05/29/2013 Reaffirmed by USCIS without any appeal process

Embassy

07/02/2013 The Embassy called my husband for packet 3.

07/11/2013 My husband sent in packed 3

07/17/2013 Embassy refused our case yet again without an Interview and set our file back to NVC

07/20/2013 NVC returned out file to USCIS

09/29/2013 To date USCIS has not entered our case back into the system and no one knows where it is!



event.png

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Well, I dont know about HR Block. But here is my story:

I called IRS couple of months ago and talked to an agent for almost an hour. He asked me file for ITIN alongwith your 1040, which I did couple fo weeks ago.USE W-7, which will constitute all your SPOUSE's information except for "part-e", where you will write the US Citizen or LPR holder's name and SS#. That form w-7 will be signed by your spouse and will be sent to the address below along with your CURRENT YEAR's TAX RETURN (MUST !!!!)

IRS ITIN OPERATIONS

P.O.BOX #149342,

Austin, TX- 787141-9342.

Besides filling in forn W-7 and 1040, you will also require a letter addressed by your spouse in Pakistan to IRS stating that HE/SHE is electing to be treated as RESIDENT ALIEN, only for Tax purposes. The document which IRS agent suggested me to send was passport photocopy of my SPOUSE's in Pakistan along with this packet.I sent following documents, in addition to my spouse's passport photocopy ( to be on the safeside):

1- Copy of our marriage certificate.

2-Spouse's Birth certificate

3-Copy of National Identity card of my Spouse.

4-Copy of Driver's License of my spouse.

NOW, only exception to this is if you already FILED your 2011 INCOME TAX RETURN, then I dont think you will be able to get your SPOUSE an ITIN number this year.The reason is The first and foremost requirement of w-7 is you have to send W-7 along with your 1040 Return.

Thats how I did mine this year.Thats my humble opinion.

Thanks

NiSham

Hi, did you get your ITIN number yet? Did you send a notarized copy of the passport? Were any of these ID forms were notarized? Please let me know. Thank you.


USCIS
July 15, 2011 - NOA 1, Jan 24, 2012 - NOA 2

NVC
Feb 8, 2012 - NVC # & Invoice ID # Received
Feb 8, 2012 - Emailed NVC DS-3032 ( choice of agent ) Accepted!
Feb 9, 2012 - AOS Fee Paid
Feb 10, 2012 - AOS bill shows Paid :-)
Feb 10, 2012 - IV bill Paid (In Process)
Feb 14, 2012 - IV bill shows In Process, Fee was withdrawn from Bank Account. So,is PAID :-)
Feb 14, 2012 - IV bill shows Paid.
Feb 17, 2012 - AOS and IV Packages Sent to NVC, same envelope :-)
Feb 21, 2012 - AOS and IV Packages RECEIVED by NVC
Feb 24, 2012 - AOS Accepted.
Feb 24, 2012 - IV RFE "Original Marriage Certificate" It was included. Waiting for supervisor to review Marriage Certificate (10 - 15 days)
Mar 20, 2012 - RFE Sent
Mar 22, 2012 - CASE COMPLETE

Embassy ~ New Delhi
April 10, 2012 - Received Email, Interview Date: May 9th! Yeeey!
April 16, 2012 - Medical Exam
May 09, 2012 - INTERVIEW = AP
Jul 03, 2012 - Called DoS AP OVER, VFS's website says passport was handed over to Blue Dart, Waiting for delivery :-)

Jul 06, 2012 - VISA IN HAND (Visa was issued on July 2nd)

POE
Jul 17, 2012 - SAN DIEGO

July 28, 2012 - Welcome Letter Received
July 31, 2012 - Green Card Received
Aug. 01, 2012 - Applied for SSN
Aug. 07, 2012 - Received SSN Card :-) yeeeeeeey! Time to look for a job!

ROC I-751

May 08, 2014 - Sent I-751 to CSC

May 14, 2014 - NOA Received (Dated: 5/09/2014)

May 14, 2014 - Check Cashed

June 12, 2014 - Biometrics Appt.

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Don't take that risk. This is an excerpt from IRS.GOV general ITIN information page

To obtain a SSN, see Form SS-5, Application for a Social Security Card. To get Form SS-5 or to find out if you are eligible to obtain a SSN, go to Social Security Administration Website or contact a SSA office. By law, an alien individual cannot have both an ITIN and a SSN.

IRS processes returns showing SSNs or ITINs in the blanks where tax forms request SSNs. IRS no longer accepts, and will not process, forms showing "SSA205c," "applied for," "NRA," blanks, etc.

Wouldn't this lead you to a circular dependency? You can't file a W-7 (except in rare cases) without filing a return, and you can't file the return without the ITIN for which you were filing the W-7. This makes no sense.


Trips:

Jan2010 - First Trip, met in person

Jul2010 - Trip two!

Nov2010 - Trip Three, Got engaged :)

Feb2011 - Trip Four. Spring Festival, Lucky Money all around :D

April2011 - Trip Five... Going to the chapel...

July2011 - Trip Six... Honeymoon in Xiamen :D

October2011 - Trip Seven... Beijing and the Great Wall :)

January2012 - Trip Eight... Chinese New Years and Spring Festival! More Lucky Money! :D

April2012 - Trip Nine... Interview?

Paper work for CR1:

28 July 2011 - 20January 2012 - Day 175... USCIS at CSC finally processed our paper work.

30January2012 - NVC 'received' the paperwork

6February2012 - NVC GUZ case number assigned - Attempted to OPTIN to EP.

7February2012 - NVC GZO (EP) case number assigned

8February2012 - 27February Massive delay caused by sending the EP OPTIN email too soon :(

28February2012 - AOS Fee Paid

29February2012 - AOS Fee shows paid, AOS Package sent in

5March2012 - IV Fee shows paid (paid on 3March), IV (DS-230) Package sent in

6March2012 - AOS Rejected due to minor error, corrected version emailed in

8March2012 - Email received indicating AOS correction and DS-230 review in process

9March2012 - Case Complete Email - END NVC PROCESS

15March2012 - Interview Scheduled: 18April2012 (Document turn-in: 17April2012)

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Wouldn't this lead you to a circular dependency? You can't file a W-7 (except in rare cases) without filing a return, and you can't file the return without the ITIN for which you were filing the W-7. This makes no sense.

Maybe this means that the regular IRS sites (like e-filing or where ever you would normally send your paper returns) won't process the return without the ITIN? I know that our return and W-7 are being sent to a facility in Texas to be processed, which isn't where my filing has been done in previous years, so I'm guessing this is a special facility for receiving ITIN apps + attached 1040s?

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