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Filed: F-1 Visa Country: Brazil
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Posted

We filed for AOS in October 2019. When tax time rolled around, I had to submit W7 form with my federal return for my spouse. In Feb 2020 we went to the Taxpayer Assistance Center and they verified documents and sent it along to Austin. Then Covid hit and nothing since then - paperwork hasn't been started, hasn't been received, crickets. 

 

Just our luck, last week the EAD got approved and she got her Social Security Card this week. I am wondering if I can use the SSN to efile instead of waiting for them to process an ITIN # and then submit the return for processing. Normally this takes a long time, much less covid time. 

 

I know legally we are not allowed to have both ITIN and SSN but these are extraordinary times; the ITIN would have been processed by now and return submitted. We can't contact anyone to stop or rescind the ITIN paperwork, and who knows how much longer this will take, with their 10 million pieces of mail and reduced workforce. What would be the worst case scenario if we just went ahead to efile with SSN and the ITIN gets associated with the paper return? Rejected as duplicate? Flagged as fraud? 

 

I contacted IRS but they couldn't give me a confident answer. Just to wait for ITIN. Easy for them to say when they are not waiting on a sizable return and job stability is looking shaky. 

Thanks to everyone on this forum, you all are lifesavers. 

 

Posted (edited)

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Edited by Paul & Mary

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

Filed: Citizen (apr) Country: England
Timeline
Posted
12 hours ago, potatotoe said:

I am wondering if I can use the SSN to efile instead of waiting for them to process an ITIN # and then submit the return for processing. Normally this takes a long time, much less covid time. 

That’s what I would do. If the efile is accepted before the paper file gets processed, then the paper file will be rejected because your SSN will already be on record as filing. I wouldn’t be too concerned about the ITIN. 

Filed: AOS (pnd) Country: Brazil
Timeline
Posted

Hi! I was through the same process as you're. I got my ITIN and it says on the back of the letter if you have a SSN you should use the SSN instead of the ITIN.  The problem is that the tax return has been filed with the ITIN already, also it says on the back of the ITIN letter "when you receve your SSN, please send is a copy of this notice, along with a copy of your SS card, so we can update our record, Send these documents to the address listed at the top of this notice."

 

The advantage of using the SSN is that you guys would be eligible for the stimulus check if you haven't gotten that yet.

Filed: F-1 Visa Country: Brazil
Timeline
Posted

Thank you guys! I took all your advice and tried to efile but return was rejected: "The IRS is rejecting your return because your spouse's last name or Social Security number doesn't match the IRS records."

 

Called up SSA to confirm all the info is correct so at this point, it is not meant to be. Paper filing it is. 

 

@mvsantos, glad to hear you got your ITIN #, at least something is working! 

 

Thanks for all the replies!

 

Filed: Citizen (pnd) Country: Brazil
Timeline
Posted
44 minutes ago, potatotoe said:

Thank you guys! I took all your advice and tried to efile but return was rejected: "The IRS is rejecting your return because your spouse's last name or Social Security number doesn't match the IRS records."

 

Called up SSA to confirm all the info is correct so at this point, it is not meant to be. Paper filing it is. 

 

@mvsantos, glad to hear you got your ITIN #, at least something is working! 

 

Thanks for all the replies!

 

E-file verifies the SSN by the first 5 letters of the last name. So make sure the last name starts exactly like the last name in the system, no abbreviations.

Filed: F-1 Visa Country: Brazil
Timeline
Posted
49 minutes ago, Ayrton said:

E-file verifies the SSN by the first 5 letters of the last name. So make sure the last name starts exactly like the last name in the system, no abbreviations.

Thanks! Yeah, she has 3 last names so had to verify with SSA the spelling and spacing. Always going to be complicated with the names but at this point, we just have to wait. 

 
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