grumpyone

hi all,
we have a chicken-egg situation over here and I was hoping someone can help with good advice.
I am in US on L1, just got my SSN and everything is clear on my side.

My partner though has only B2 (valid for ten years, first I-94 for 6 months, which is also OK).
She cannot get the SSN, which is pain in ... but obviously there is no way around it.
I had a long fight with my company around medical insurance coverage for her and my bank around this 'does not have a SSN' and now I have them both on the statement 'if she can get an ITIN, we'll manage'. which is a progress, i guess.
But looking into the IRS provided forms, it looks to me that she can get the ITIN only after filing tax return. In order to have something to file, she needs a bank account. In order to get a bank account, she needs an ITIN.. and so on.
Now, the bank account would be nice but it is not a must, we would manage without it too.
The real problem is that I can enroll her for the medical insurance only until end of the year, after that I have to wait for another year. For that, I need an ITIN for her until end of the year and IRS speaks of '6 weeks processing time', therefore I would need an idea rather soon.

Does anybody here have an idea what is the best way to approach this?

Thanks in advance

MsElui

we could only get itins for our kids with a tax return. Ie you file a JOINT return and submit the forms for her ITIN at the same time. Technically you can do your taxes on jan 1st - BUT in reality you may have to wait for the income forms from your firm etc to be done and some firms dont do they straight away.

Also be aware that the ITIN unit is about as helpful as a punch in the mouth. It took us three times to submit the forms before they gave us numbers - they kept rejecting it. (as the whole tax return / itin application was handled by a large tax firm experienced with expats so you would think they know). I think in the end i sent in MYSELF a notarised copy (done for free at my bank branch) of the kids whole passport and this worked (previously the tax firm had just been sending in the visa page). we got the itin numbers in the end in september!

It really would be so much easier if you could just get married lol!

Ray

You dont need a SSN or an ITIn for a bank account .. try a different bank

ian-mstm

No, she doesn't. There is no regulation that requires either a SSN or an ITIN to open a bank account. What is required, is a valid and unique ID - which her passport will satisfy. If a bank tells you that this is part of the US Patriot Act - you need to ask them to find the specific rule in there that requires a SSN or ITIN. Hint = it's not there! If the front line staff insist on a SSN or ITIN, ask to speak to the manager - he'll know better if he wants your business. If the manager insists on a SSN or ITIN, then go to another bank... and let the first bank know that you will be informing the media of their unwillingness to follow the law - which says only that a valid and unique ID be presented.

Ian

igotheesta

A valid unique ID with proof of legal status enclosed such as a valid U.S visa though right?. She could never open the account without a U.S visa though could she?

ian-mstm

Wrong.


Yes.

Ian

meauxna

I am completely with Ian on this; a Social Security (tax account ID) is not necessary for opening a bank account OR enrolling her in your insurance plan (if they are allowing her as a non-spouse to be added at all).

What she needs is a 'unique identifier'.. a number unique to her. You need to speak with someone from your HR, or if they aren't helpful, a manager at the insurance company. This is a rare, but not unheard of, "problem" that needs to be solved not by following their script, but by gently educating them til they can help you.

She absolutely can not get a SSN or ITIN. They are for paying US income taxes, and she's not doing that.

grumpyone

hi all,

thank you for all the replies.
The way I see it, I have to intensify the communication with my bank, worst case I'll simply switch the bank. Easy.

On the medical though the situation is not that easy as this is a company plan and the HR is simply communicating back what they hear from the insurance company. Meaning that my influence there is limited.

Did I get it right: she cannot get the ITIN under any circumstances during this year?
(my understanding is that once she has a bank account with dividends, she will get one anyhow once she files the tax forms..)

meauxna

The thing is, she can't get an interest bearing account without a tax ID number. that may be the hiccup you're experiencing.
She can't get a tax ID number without filing a US income tax return.

I urge you to contact the insurance company directly if HR won't help you and intervene. You need to ask them what other unique ID number your GF can use. (and I'm still alittle surprised that you can add a non-spouse, but if they'll do it, woo hoo!)

igotheesta

I didn't know that

I thought the whole purpose on making sure illegals couldn't get social security numbers after 9/11 was to prevent illegals from getting bank accounts as much as drivers licences

meauxna

SSA.gov.. happy reading!

JCraigFong

A decent bank, with any significant amount of international business, will know that an EAD is not necessary to open an account. As for the TIN, the bank will very often cooperate with you to GET the TIN if you tell them that the account holder -- e.g., your partner -- is going to be receiving wire transfers from abroad -- significant ones.

Best of luck,

--J Craig Fong

Marocco

Two years ago, I was able to open an account at WaMu without SSN or ITIN. It took me a while and I needed to speak to two different people. However, I was unable to register for internet banking.