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I have to get my taxes done asap for my financial aid and I am going to apply for a tax id number for Addyson so I can do that. Now, there are two forms on the IRS website. One says that it is a form for personal tax id number for pending adoptions, but then there is another one that says for children who are not US citizens...
Addyson came home on the IR-4 Visa because dh didn't visit with me, if that changes anything. Anyone know which form I should use???
Here is the information:
Parents in the process of a domestic U. S. adoption who do not have and/or are unable to obtain the child's Social Security Number (SSN) should request an Adoption Taxpayer Identification Number (ATIN) in order to claim the child as a dependent and (if eligible) to claim the child care credit. [URL="http://www.irs.gov/pub/irs-pdf/fw7a.pdf"]Form W-7A[/URL] (PDF), Application for Taxpayer Identification Number for Pending U.S. Adoptions, is used by qualifying taxpayers to obtain an ATIN. To get Form W-7A, you may go to any IRS walk-in site or call 1-800-829-3676. You may also download the form [URL="http://www.irs.gov/pub/irs-pdf/fw7a.pdf"]here [/URL]in Adobe PDF format. For more information about the ATIN, refer to the [URL="http://www.irs.gov/pub/irs-pdf/fw7a.pdf"]Form W-7A[/URL] (PDF), instructions.
If the child is not a U. S. citizen or resident, use [URL="http://www.irs.gov/pub/irs-pdf/fw7.pdf"]Form W-7[/URL] (PDF), Application for IRS Individual Taxpayer Identification Number, to obtain an ITIN. For more information, refer to [URL="http://www.irs.gov/individuals/article/0,,id=96287,00.html"]Individual Taxpayer Identification Number[/URL].
TIA everyone!:thanks:
I have to add in here that if I WERE president we wouldn't be having this conversation because Guat members wouldn't have to pay taxes (not even file them!) Oh yeah!!
Yes, you most definetly can get a number for her. She is a legal resident and definetly qualifies for a number. You will have to show her green card (and a lot of other paperwork as well, so take whatever you have.) After you have completed her readoption she will be a US Citizen (instead of a legal resident) and you will have to go back and change her status with Social Security. Sak9645 has an awesome post about this somewhere that I will hunt up for you. LOTS of totally confused people at the IRS. ;)
edited to add: Check out this thread Mandy. Scroll down to the post from Sak9645. She knows what she is talking about. [url]http://forums.adoption.com/russia-adoption/280419-social-security-number.html?highlight=social+security+number[/url]
Good luck!!
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You absolutely can get a SS card for DS even is she came home on an IR4 - it will just say that she is legal resident instead of a citizen. It is easy to change that later.
We were also in a hurry to do our taxes, it took us about a week to get Hope's card in the mail after visiting the Social Security office!!
My understanding is the same as Debbie's. When Aza came home, I read up on the temporary number and couldn't get one because she was eligible for a SSN. We came home IR-4 also. Yes, you can get the number and later have her name and citizenship status changed with little difficulty. And I believe you can get the number before you get the actual card by calling in. It took us 4 weeks to get our card but they told me if I needed the number sooner that I could find out before it came in the mail.
that's great, thanks everyone. Dpline, you're right, that is a great post by sak9645! Thanks! You guys are so smart!!
Mandy, I didn't know that these were necessary. I'm confused. I'll have to ask my attorney about this. Let me know what you find out.....
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Bumping this thread because I have been having SS problems too and am now panicked to read you can't get a tax ID number from the IRS if you qualify for a SS card because.....
By what everyone says on here (and I believe is true since you all did this) as soon as your child comes home even on an IR4 visa like our daughter, you can just take her perm resident card (and all other paperwork) but use that for a SS card, then later change it after the COC etc.
The reason I am panicked is we are trying to do taxes too and we went to 2 different SS offices today and BOTH would not file for our daughter with the perm resident card. We went back and forth with them at both offices to no avail.
Long story short, I posted on another post floating around by me the whole thing, but IF as you all say (and I believe) that we qualify for a SS card and 2 offices will not give us one, we are in big trouble and can't file taxes because as this post says we can't get a IRS tax ID if we qualify for SS. And SS won't let us apply with the perm resident status!
The second SS office after much back and forth came up with his solution of putting our daughter in the application and his computer with her readopted name but said the INS will reject it when they receive it unless we get our COC papers in before his papers arrive.
The INS will reject it because the SS office refused to use the perm resident card (and status and name) and are putting it under our daughters readopted new name and the INS have her perm resident name (before readoption) since we have not filed the forms for the COC yet with the name change.
help
Shelly - Take a look at the post by Sak9645 I linked above. She goes into a ton of detail about the reasons the SS office gives for not giving SS #'s and the reason they are wrong. And also ways to deal with it. The SS office is wrong about this and you are right! Regardless of her visa type, she qualified for a social security number the day she entered the US. Check out that post. I think it will help. Don't give up!
if you go to the office and pick the number up. We were in this same predicament last year. The reason they say it takes two weeks is because they mail it to you. You cannot use a tax id #....they will kick it back and then it will most likely be too late to refile. Ali
We just did this yesterday. My husband took my son's permanent resident card, passport, and our paperwork -- I think they only needed the BC and translation and the Adoption Decree and translation. He said there were no problems and we can just change his citizenship and name after the readoption, but keep the same number. Our SS office had no problem with it. They just gave him a number as a permanent resident. They said it will take 2 weeks to get it.
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Dpline, THANK YOU!
Thank you also to everyone else who helped me. It was because of the info I received on all the boards (I Xposted this), that we were able to sort things out. At least I think they are sorted! :)
I called the SS man back who waited on us Thurs. I read him the paragraph from the SS website saying she qualified as a perm resident for a SS card. He finally agreed to list her as a perm resident but said he put the app in under her new (readopted) name. He said he is sending the INS copies of our new BC and readoption/name change papers and he said he'll see what happens. He told us to still get the COC papers in ASAP. ( I don't understand why, but will do anyway).
Hopefully with everything sorted they should approve it, since she is a perm resident and will match what they have on her app. They may or may not change the name , which I could care less. As long as we get the card and number for taxes, we can worry about the name later after we get the COC with the new name.
So with fingers crossed we will see what happens.
It was such a headache.
I learned a heck of a lot these past couple days.
I think our mistake was that since we readopted and had the new BC, we assumed since she is technically a US citizen we could file as a citizen, and her new name. We didn't realize we must file as a perm resident, and just use the name on the perm resident card even though we legally changed it. After we apply for the COC and send them the name change, then we can take the new COC with name change into the SS office and change the name and status.
The name thing threw me and I thought since she had a new name, that should go on the app. I did not know that the SS had to send the forms to the INS. After I learned that, I realize that makes sense why whatever paperwork the INS has at the time of the SS app, is what you should apply under. Like technically we readopted and changed her name and she is a US citizen. BUT we didn't file for the COC, so the INS still has her listed under her old name and as a perm resident. And both apps much match.
But to pass some blame back to the SS offices, they should have known this and told us this. We asked if we could file as a Perm resident when they said we couldn't file as a citizen without a COC or US passport. We were told we could NOT apply as a perm resident because they couldn't list us as her parents. I still don't understand that one! But I now know they were dead wrong.
I came to the conclusion that both offices had no clue about the 2 different types of visas. They assumed that ALL adopted children got a COC automatically and we could only file as a citizen with a COC or US passport.
They didn't realize that the IR3 visa families can file as a citizen right away and show their coc. Later they can show the new COC if they changed the name, but the
IR4 familes its different.
They didn't know that IR4 visas come home as perm residents and have to readopt and file to get the COC. Therefore they will get IR4 families who want a SS card as a perm resident (which is ALLOWED).
When I tried to explain this to them, they told me I was wrong and readoption is an option. I told them it may be for the IR3 visa in some states or if they don't want to change a name, but for the IR4 visa you must in order to get a COC. Its not optional.
So hopefully our experience will help make it easier for future families if you are reading this.
Please note it is my understanding that IR3 visas file as a citizen and therefore do require a COC or US passport.
But IR4 visas may get one before you readopt and before you apply for the COC as a perm resident. And if applying as a perm resident, you do NOT need to show a COC or US passport.
Wheww. I think I got that all right? Please someone correct me if I'm wrong.
I hope I'm done with this all now and the SS card will arrive in a few weeks. Please, please,please. :)
Thanks again,
Shelly :)
You are welcome, but thank Sak9645. Just borrowing her info! If you ever need to know anything about USCIS/SS/government agencies, do a search for her posts and you will get great info. :)
shellydm
Please note it is my understanding that IR3 visas file as a citizen and therefore do require a COC or US passport.
We went and got a SS number for my daughter within 48 hours of the time she came home on an IR3. Because we obviously did not have the COC, she was listed as a permanant resident until I came back with the COC later. They would not accept the IR3 visa in her passport as proof of citizenship. Same with my son. Now if they were correct in doing this I don't know, but the would not list either child as a citzen without the COC.
I think our mistake was that since we readopted and had the new BC, we assumed since she is technically a US citizen we could file as a citizen, and her new name. We didn't realize we must file as a perm resident, and just use the name on the perm resident card even though we legally changed it. After we apply for the COC and send them the name change, then we can take the new COC with name change into the SS office and change the name and status.
I really wonder if they are right about this part. I can see not showing her as a citizen until you have the COC (sort of,) but if you have the paperwork showing a legal name change, why can't they use her new, legal name? What is the difference between that and when you get married and change your name and have your name changed with SS? That is her legal name!
I am still confused about the sending the forms to Immigration. What forms and what is it accomplishing? You are the second person that has posted this lately and in almost 3 years here I had never heard of paperwork going from SS to INS before.
Regardless, I am SO glad you got it straighted out! And hopefully they are better informed now and won't give other parents the difficult time they gave you! (Got to have hope! ;) )
Thank you for correcting me.
So even an IR3 visa can apply as a perm resident when you first get home, before the COC arrives in the mail. Thank you, got it. I didn't know that. I am still learning! :)
The guy at the second SS office said they have to send the SS application to the INS to confirm the immigration status before they can approve the case. So the SS app goes to the INS.
I too am confused why he wants us to file our COC papers ASAP as I don't understand how it relates.
At first, he said he was going to file her as a citizen and use her new name. He said it wouldn't match what the INS had since we didn't file the COC papers yet with the new name and proof of citizenship. So told us to get the COC papers in ASAP. He wouldn't file us as a perm resident.
Then Friday morning I called back and read him the bit from the SS site saying we could file as a perm resident. So he said he would file her as a perm resident, but was going to use her new name and supply photocopies of the new BC and readoption papers. It is on its way to the INS now. He said they may or may not allow the new name on the card. I would MUCH rather him file it under her perm resident name, to be sure it would go through. But again we went back and forth and this was as far as he would budge.
So since they are filing the SS app as a perm resident which matches with what the INS has (besides the name), I don't see why the COC papers would help or hinder. But he insisted that we file the COC papers ASAP, at the same time of his SS app.
Who knows?? :)
Well, we got our daughter's SS number almost immediately after homecoming, readoption took awhile and didn't happen until Oct '05. So we couldn't file for our COC until after that happened, and then I just kind of kept putting it off until this August. So we just got her COC Feb '07. I agree that you should file for the COC as soon as you can, but it won't hurt anything if you wait ahile.
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Here's the info we received from our agency...hope it helps.
File for a Social Security Card for your child. This is done by
taking the translated and original birth certificate down to your
local social security office and filling out a fairly simple
application form. Unfortunately, there are a few offices where the
staff is unaware of how to do this and they may tell you that you
must get a passport or citizenhip for you child first. This is not
correct! Please advise the person helping you that you need resident
alien status for your child and that as soon as you receive the
proof of citizenship or passport later on, you will present it and
they can change the status in their system. If they still refuse,
ask to speak with a supervisor. If they refuse to get a supervisor
or the supervisor says no, ask for a formal written denial because
they are wrong! This happens only about 1-2% of the time, hopefully
it will hot happen to you.
HTH
shellydm
The guy at the second SS office said they have to send the SS application to the INS to confirm the immigration status before they can approve the case. So the SS app goes to the INS.
Not that I don't believe they said this, or for that matter even do it, why on earth do they have to confirm her status with INS? Do they think she is in the country illegally? You have a passport with a visa on it. That doesn't prove anything? And the child is eligable for a SS# with either an IR3 or and IR4 visa.
'Who knows' is right! :D