Extension with green card app in process

[Margaret CPA in OH]

Client's daughter married Frenchman but lives here.  His application for a green card is very slowly making its way through the bureaucracy.  They thought he would receive his ssn by filing date in October but now doesn't seem likely.

 

Do they paper file MFJ with 'applied for' in his ssn field?  If so, do they attach application documentation or other?  I have just begun research on this but am hoping one of you has been there, done that and are willing to chime in.  Of course I feel terribly guilty now following the thread of asking for help before doing all my own homework  but promise to do it, too.

 

Thanks for any clues!

[ILLMAS]

Nothing wrong with applying for an ITIN for him and paper file.

[Margaret CPA in OH]

I don't understand the purpose of applying for an ITIN when the green card application is already in process and will produce a ssn.  I don't have any foreign clients that have had to go through this process.  All is in order by the time I get them.  I welcome the education and thanks for the quick reply so far!

[WendyT in IA]

The process for applying for residency can take a few years and he wont be issued a SSN until it has been completely processed.

[kcjenkins]

I agree with Marco and Wendy, you never know how long even a seemingly simple application may take, so getting the ITIN now makes good sense.

[Pacun]

MAS is right.

 

If the foreigner was here for 183 days in 2013, apply for an ITIN and include all income for both of them. Paper file, send form W-7 with his passport and send the whole enchilada to Texas.

 

If the foreigner was not here in 2013 for 183 days, then do the same thing as above and include a letter stating that the non-resident person wants to be treated as a resident for tax purposes.

 

You don't know if you will get a green card until you have it in your hands. In the meantime, they want to file their taxes and that's the only route right now.

[Margaret CPA in OH]

Thanks so much for all this information.  I will be following other sources to confirm so that I might provide specific references but this seems the right track.  Thanks again to all!

[mircpa]

Margaret

Ask your client if his son-in-law has filed I-485 application to register permanent residence or adjust status (this is part of green card process). If he in fact has filed I-485 then he can become eligible to file employment authorization document I-765, approval of this document would make him eligible for SS number.

[Margaret CPA in OH]

Thanks, I will do that.  I do know that 'a lot' of forms were filled out but not specifics so this is good information

Thanks again!

[Pacun]

Let's say he says "yes, I filed I-765 when I sent my adjustment of status". Then what? You still don't have a Social Security card, you still need to apply for an ITIN.

 

There are many questions you can ask such as "Did you submit your fingerprints yet or are you still waiting for them to send you that letter?", let say the answer is "yes, I did my fingerprints 6 months ago". Then what? you still don't have a social security card and you still need to apply for an ITIN.

 

Normally, I collect all the info needed to do the job I was hired to do and I let the immigration lawyer deal with the rest.

[Pacun]

I am surprise the immigration lawyer didn't request copies of the taxes since that helps to prove that the new comer is a person of good moral character and that the marriage is a bona fide marriage.

[Margaret CPA in OH]

Thanks, Pacun, for even much more to consider.  This person is actually the daughter of a client and they are currently out of state at relative's funeral.  What I did was copy information from IRS.gov about Nonresident Spouse Treated as a  Resident  and stated that 'I very strongly suggest that you not try all this through Turbo Tax.  Engage an Enrolled Agent or CPA with some experience and/or who can help you get through this first filing.  It will be worth the cost.'

 

Because I am not engaged to prepare this return, I haven't all the information and little opportunity to ask multiple questions.  I was just trying to steer her in the right general direction.  She/they still have some weeks to get it together by October 15th.

 

Thanks again!

[mircpa]

Pacun

As I said in my previous post his basis of eligibility for social security number is employment authorization document (EAD). If he is granted EAD card and walk in a SS office, SS number will be assigned to him. Keep in mind again his basis of EAD card is filing of I-485, the underlying application.

[ILLMAS]

Our city cracked down on businesses/individuals that provided immigration services that were not in compliance with the City ordinance regulating immigration service providers. 

[Pacun]

Pacun

As I said in my previous post his basis of eligibility for social security number is employment authorization document (EAD). If he is granted EAD card and walk in a SS office, SS number will be assigned to him. Keep in mind again his basis of EAD card is filing of I-485, the underlying application.

 

We can speculate and ask many questions, the reality is that he doesn't have a SS card with him and needs to file his taxes. That's one of the reason why ITINs were invented.