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- Jul 28, 2017
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I am a U.S. citizen married to a Green Card holder. She has two children (My Step-children) ages 16 and 12. I filed petitions for them a few years ago and my wife was approved and has her green card and social security number. My two step children's petitions got lost some how (typical government bureaucracy), so I had to do it all over for them without the fees (good I still had my receipts}. The two children live with us even though they have not completed the immigration process. Since we have lived together in the states since May of 2016, how can I file taxes under "filing jointly" without Social Security numbers for the children? I know I can file a W-7 with the tax return asking IRS to assign a tax ID number for the kids. Will IRS issue a tax ID number for them if they are not yet legal residents. Or, should I just wait until they do get their permanent residence and social security numbers?