Married husband on VWP - No SSN or ITIN yet for taxes - I-130 Rejected, what now?

[OvernightSiren 2]

Brief timeline summary:

 

• My husband and I were married on 11/27/16
• I filed our I-130/I-485 packet and mailed it on 12/22, postmarked for 12/22. 
• We received no notice that it was declined, accepted or even arrived.
• Received W-2 from employer. Cannot file online as I have in the past because we never received a SSN or ITIN from USCIS.
• Saw online I can file my taxes by mail with an attached W-7 form.
• Call USCIS today and find out that my packet was apparently rejected on 1/13/17. They would not tell me why it was rejected but stated they are mailing it back with the reasoning.

 

So my question now is, should I file my taxes now or wait until after I mail my I-130 packet back out and wait for a SSN/ITIN from USCIS? 

 

 

[Dal&Rose 45]

USCIS does not issue SSN or ITIN, that is the Social Security Administration. The information to obtain an ITIN is: https://www.irs.gov/individuals/individual-taxpayer-identification-number-itin

 

It's a bit of process and hassle, but worth the effort. 

As for the rejection, wait until you receive as to notice why, is the only thing I can advice.

[OvernightSiren 2]

5 minutes ago, Dal&Rose said:

USCIS does not issue SSN or ITIN, that is the Social Security Administration. The information to obtain an ITIN is: https://www.irs.gov/individuals/individual-taxpayer-identification-number-itin

 

It's a bit of process and hassle, but worth the effort. 

As for the rejection, wait until you receive as to notice why, is the only thing I can advice.

Very new to all this. What I'm also wondering is, even if we're filing our taxes separately will I still need to file AS "married" with his information? Or am I able to file my taxes separately without any of his info, even though we are married?

 

 

[Ben&Zian 4,398]

You can file separately; but you will still be filing as "Married".

 

So either you file jointly or separately; but again you're married so you can't file as "Single". 

[Dutchster 1,107]

Did you send the package off with the new fees or the old fees? Yours mark December 22nd, the fees when up on the 23rd. This could be why it got rejected also.

[Rc123rc 528]

12 minutes ago, Dutchster said:

Did you send the package off with the new fees or the old fees? Yours mark December 22nd, the fees when up on the 23rd. This could be why it got rejected also.

There have been a number of rejections because of this. USCIS employees have not been following the rules and rejecting even if the postmark before December 23, 2016. 

[OvernightSiren 2]

14 minutes ago, Dutchster said:

Did you send the package off with the new fees or the old fees? Yours mark December 22nd, the fees when up on the 23rd. This could be why it got rejected also.

 

 

I sent them with the old fees. Several people on here said that as long as my package was post-marked for the 22nd I could still use the old fees, and it was postmarked the 22nd. 

[f f 725]

you get an automatic extention on your taxes that gives you two an extra 6 months. there is no fee if they owe you money.

 

as soon as you can get an itin from the irs then when the ead arrives go and get the ssn. you can file the taxes with the itin.

 

either way you file as married it is up to you if you do seperately or jointly.

 

remember to send the updated fees when you resend the package.

 

good luck

[Dutchster 1,107]

Resend the package with new dates and the correct fee. My guts are saying your petition got rejected because your check/money order was the old fee and not the new one.

[OvernightSiren 2]

6 minutes ago, rcripps said:

There have been a number of rejections because of this. USCIS employees have not been following the rules and rejecting even if the postmark before December 23, 2016. 

 

Where have you heard that there were a number of rejections?

 

Is there any way to fight this? It's not fair to charge me more based on what someone else did wrong. 

[Dutchster 1,107]

How do you expect to fight this?

[OvernightSiren 2]

13 minutes ago, f f said:

then when the ead arrives go and get the ssn.

What's the EAD? And where do I "go and get the SSN"?

[Lemonslice 4,885]

10 minutes ago, OvernightSiren said:

What's the EAD? And where do I "go and get the SSN"?

Please read the guides - all the info is there

http://www.visajourney.com/content/guides/

[OvernightSiren 2]

21 minutes ago, Lemonslice said:

Please read the guides - all the info is there

http://www.visajourney.com/content/guides/

I've already followed this guide to file our I-130 and I-485, this post was specifically about filing our income taxes as a couple currently undergoing the immigration process. I do not see a guide for that on this site. 

[f f 725]

the ead is work authorization which also serves as proof of legal status which enables him to qualify for a ssn