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  1. #1

    Question How Can an Undocumented Immigrant Get an ITIN

    Here's the background story: She entered the country in 2007 on a F1 Student Visa, which is now expired. Here I-94 has an expiration date of D/S=Dependent on Status. She quit going to school in 2012 which would make her I-94 void and would have to leave the country. However we already had plans on getting married and did so in May, 2013. We are planning on filing her paperwork for a green card and ssn this year.

    My question is will we be able to fill out a W7, go to the local IRS office, and successfully apply for an ITIN number even though she has overstayed her I-94 and is considered an illegal alien. I would like to be able to claim her on my taxes considering she does not work. Any help would be greatly appreciated.

  2. #2
    Join Date
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    Default Re: How Can an Undocumented Immigrant Get an ITIN

    As the IRS explains, "ITINs are issued regardless of immigration status because both resident and nonresident aliens may have a U.S. filing or reporting requirement under the Internal Revenue Code."

  3. #3
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    Default Re: How Can an Undocumented Immigrant Get an ITIN

    Yep, illegal aliens can get an ITIN which comes on something that sort of looks like a social security card but has the Treasury/IRS logo and a bold "For Tax Purposes Only"

  4. #4
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    Default Re: How Can an Undocumented Immigrant Get an ITIN

    Quote Quoting flyingron
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    Yep, illegal aliens can get an ITIN which comes on something that sort of looks like a social security card but has the Treasury/IRS logo and a bold "For Tax Purposes Only"
    They stopped using the cards a few years back, and now give them a letter with the ITIN number instead.

  5. #5
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    Default Re: How Can an Undocumented Immigrant Get an ITIN

    Quote Quoting crackajap206
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    My question is will we be able to fill out a W7, go to the local IRS office, and successfully apply for an ITIN number even though she has overstayed her I-94 and is considered an illegal alien. I would like to be able to claim her on my taxes considering she does not work. Any help would be greatly appreciated.
    No, she cannot take a W-7 form to the local IRS office to apply for an ITIN. A form W-7 is filed at the same time as a tax return. The IRS will process the W-7, assign the ITIN, and then process the tax return. If she is not filing a tax form then she has no need for an ITIN. ITINs are for anyone who needs to file a form with the IRS, not just people in the country illegally. It is a misconception many have that ITINs are only for illegal aliens.

  6. #6
    Join Date
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    Default Re: How Can an Undocumented Immigrant Get an ITIN

    Quote Quoting Bubba Jimmy
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    No, she cannot take a W-7 form to the local IRS office to apply for an ITIN. A form W-7 is filed at the same time as a tax return. The IRS will process the W-7, assign the ITIN, and then process the tax return. If she is not filing a tax form then she has no need for an ITIN. ITINs are for anyone who needs to file a form with the IRS, not just people in the country illegally. It is a misconception many have that ITINs are only for illegal aliens.
    I disagree slightly...someone who could be a dependent on a tax return could also have an ITIN application filed with a tax return.

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