If your SSN is stolen could that threaten your status?

[jasonxman]

What is the name of your state (only U.S. law)?
CALIFORNIA

My GF is on a student visa here and is legally allowed to work here. Her cousin (US Citizen & has her own SSN) stole her SSN and is using it to file taxes on behalf of her without her permission (Also has email proof of her admitting to use it). Is that identity theft? Also, how do I tell her to proceed with with this issue? Also, if the IRS were to investigate this issue, will this affect her status in any way? I don't believe her credit is being ruined, but it's being used without her consent. This has been going on for approx a year, but just realized that it's affecting her now since she is getting notices from the IRS. The paper says something about her filing as Independent, but her cousin is filing as dependent..

Again, how do I tell her to proceed with with this issue?

 

[CdwJava]

What is the name of your state (only U.S. law)?
CALIFORNIA

My GF is on a student visa here and is legally allowed to work here. Her cousin (US Citizen & has her own SSN) stole her SSN and is using it to file taxes on behalf of her without her permission (Also has email proof of her admitting to use it). Is that identity theft?

It appears to be, yes. Assuming, of course, that you are getting the whole truth.

Also, how do I tell her to proceed with with this issue?

If she can show that someone else is intentionally using her SSN she should call the police and the SSA.

Also, if the IRS were to investigate this issue, will this affect her status in any way?

If she were charged with a crime, sure.

 

[Proserpina]

What is the name of your state (only U.S. law)?
CALIFORNIA

My GF is on a student visa here and is legally allowed to work here. Her cousin (US Citizen & has her own SSN) stole her SSN and is using it to file taxes on behalf of her without her permission (Also has email proof of her admitting to use it). Is that identity theft? Also, how do I tell her to proceed with with this issue? Also, if the IRS were to investigate this issue, will this affect her status in any way? I don't believe her credit is being ruined, but it's being used without her consent. This has been going on for approx a year, but just realized that it's affecting her now since she is getting notices from the IRS. The paper says something about her filing as Independent, but her cousin is filing as dependent..

Again, how do I tell her to proceed with with this issue?

Agreed - she needs to call the police.

I do have one question though. When did she discover this?

 

[LdiJ]

What is the name of your state (only U.S. law)?
CALIFORNIA

My GF is on a student visa here and is legally allowed to work here. Her cousin (US Citizen & has her own SSN) stole her SSN and is using it to file taxes on behalf of her without her permission (Also has email proof of her admitting to use it). Is that identity theft? Also, how do I tell her to proceed with with this issue? Also, if the IRS were to investigate this issue, will this affect her status in any way? I don't believe her credit is being ruined, but it's being used without her consent. This has been going on for approx a year, but just realized that it's affecting her now since she is getting notices from the IRS. The paper says something about her filing as Independent, but her cousin is filing as dependent..

Again, how do I tell her to proceed with with this issue?

I don't think that the situation is quite what you think it is...or quite as you are describing it.

Based on the bolded, I think that the cousin is claiming your girlfriend as a dependent on the cousin's tax return, rather than filing a tax return using your girlfriend's SSN. Your girlfriend is apparently filing HER tax return as independent, rather than as a dependent of someone else. That is not a police or identity theft matter.

This is a fairly common scenario, usually involving parents and adult children who are college students. The parent still qualifies to claim the student as a dependent and the student then checks the box on their own tax return to indicate that they are the dependent of someone else. This generally does not impact the student's tax return...or impacts only a very little, depending on how much they actually earned.

The first step here would be to determine if your girlfriend qualifies as a dependent of her cousin. Is her cousin providing her housing or any financial support? Does the IRS letter require your girlfriend to take any action other than amending her own return if she should have checked the box indicating that she was someone else's dependent? Most likely the cousin got a similar letter and the burden of proof will be on the cousin to prove that your girlfriend is validly her dependent. If the cousin cannot prove that, then the cousin will have to pay back the excess refund received

 

[t74]

Your GF should file a fraud alert on her credit bureau reports as well as obtain copies from all three companies. She should follow up on anything she does not recognize.

She should be more protective of her SSN.