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Hi Guys, I have been scouring the pages for some how what is exactly needed when applying for the ITIN from the IRS. My wife and I were married last year in China and are planing on filing my US Taxes jointly for our first time. She does not currently qualify for a SSN as she is Chinese and has never been to the US. We are currently based in Hebei province close to Beijing and submitted our application for her I-130 to USCIS in January. According to the W7 instructions: She has never been to the US (no date of entry stamp), thus, more documentation is required than her passport when submitting the W7. She has both her ID card, a translated copy of her birth certificate from a Chinese Consulate (commonly know as the white book), and her passport. My Question is, what is needed to make these "certified" so that the IRS will accept them as legitimate and process her W7 without any issues? 1) For her passport, if we take a photocopy and the original to get them notarized at a US Consulate, does that count as "Certified"? 2) Does a white book need to be authenticated by the Consulate before it can be used in the US? 3) Does a Chinese ID card also need a white book to translate it to be used? Thanks in advance. The Kings -
Hi people of CFL forum, I am new to this forum but I have spent the last 8 hours reading tons of posts on here and I want to thank all of you for taking the time to share your experiences and knowledge with others who are going through this difficult and confusing process. Quick summary of my situation. We got married in Asia in March last year, 2016, submitted I-130 in early this year 2017. After submitting the petition we decided to move to the US and continue the process here so we arrive early June, I entered the country with a B2 tourist visa. Since my husband has been gone for too long, almost 10 years, we had to wait 90 days consecutively for him to get is resident status back (he is a US citizen). I have been filling out all the forms for adjustment of status and waiting for the day we can submit it. The problem I have is he didn't file his tax returns for the last 3 years. Now we are scrambling to get this done. A CPA accountant told us that I need to get an ITIN so he could file as married for 2016 tax so he could get tax breaks, he is too late in his tax returns that they might not accept his deduction (foreign earned income under $100k). This means we have to either wait 6-7 weeks to get the ITIN back from the IRS or pay a few hundreds for a professional to do it and this would take 2-4 weeks. I plan to submit this Sep 4, exactly 90 days since we got here to save time. I was wondering if he could file as "married file separately", we submit our I-485 as planned, meanwhile I make an appointment with an IRS service office (we got the earliest one which is Sep 21st) and a few weeks later get my ITIN, file my late tax return then? OR should I wait till I get my SSN and then file an amended return as "married file jointly"? 1. Have any of you done this before or could give me your opinion on this? If it's okay to do so, in the field where he needs to put my SSN he will put "Applied for ITIN"? or "000000000" if we file electronically? 2. For his last 3 year tax filing, he would need to fill out 1040, 4852 and 2225? Is there anything else? 2. We have his mom as our co-sponsor by the way and I have her last year tax return and her passport copy which I hope is good enough? Thank you for reading my loooong post. -
The title says it all. My sister in law (hong sister) when to Chengdu to get a certified copy of her passport so Bob, her American husband can get her an ITIN number (W-7) she had a appointment and all Chengdu said they did not trust her and she needed some sort of tax papers from bob. What papers she needs i have no idea. The only thing i know she wasted a trip to Chengdu and will have to go back. Any idea what they are talking about. She will be in Chengdu for 5 more days and there is a appointment open this Friday. Would like to get this taken care of this week. Mike -
When I file the I-130 petition, I know I need to show both original passports, as well as copies of the biographic pages. Will my Chinese wife's original passport be retained at that time, or will it be returned to her? I will need it to apply for an ITIN for her later. Also, can anybody explain what this means: " Your wife needs to apply for ITIN with IRS. If she needs her Chinese passport to be certified, please make an online appointment with ACS for notary service." What is meant by a "certified" Chinese passport? Is the original passport in some way "certified" or authenticated, or is a certified/authenticated copy issued? Or must a "certified" copy of a Chinese passport be obtained from the Chinese Government?
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I am trying to file my taxes and my wife does not have a ITIN or SSN yet. However I noticed on the 1040 instructions it says you can write in "NRA" if your spouse does not have and is not required to have a ITIN or SSN. Does this apply to my wife from China? Do I need to go through the hassle of getting her a ITIN? She does not work and has no income. She has never been to the USA or ever had a visa issued. I only found one conversation on the forums about this and it wasn't particulalry clear.
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Greetings all, I'm going to China again on Sept 11th (3rd time now) but this time we will get married and spend our honeymoon in the Maldives for a week. I want to prepare all the paperwork ahead of time, plus the W-7 form. I've looked at a few examples online for the I-130 and the G-325A forms but some are in all caps, some are just normal (first letter cap, rest lower case). What's better? My kitchen sink so far: Cover letter G-1145 the check I-130 G-325A both her and myself passport pictures copies of our birth certificates (with translation in white book form) copies of our divorce decrees (once again, hers in white book form) copies of our passports copy of our Chinese marriage certificate (with white book) evolution of relationship letter (I'll be adding more when I get back) 3 pictures from each of the first 2 trips there (I'll be adding 3 more when I get back) copies of my airline tickets and receipts of places we went to while I was there a few emails from day one, and phone records and a good friend of hers will write an affidavit to affirm having personal knowledge of our relationship and marriage. Shwweee that's a lot of paperwork . . . . . Thanks
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well the tax deadline is soon approaching and i have a question for my friend Bob. We all know what happened to Bob and that is in the past now. (Through he is sober now and doing well) I'm doing my taxes today as well as Bob taxes this year. Though Hong and i taxes are straight forward. On the other hand, Bob and Jens taxes are a bit more complicated and i forget how to go about the first time filing taxes just after be married. We have all the correct documents now from Chengdu consulate for there ITIN (W-7) I know there tax paper work must be MAILED not efiled for federal and our great government will applies the the correct ITIN number to there taxes. My question is? What about state taxes? What should we/they input on state tax form for ss#/ITIN#
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Hello, Here's a strange question for everyone: first, my wife and I are scheduled to interview in Guangzhou in October. I've just finished filing for my 2012 tax returns and applied ITIN at the same time for my wife to assign the wife a social security number (required for joint tax returns, apparently). Now looking over all our documents in preparation for the interview, it shows that I checked "no" under part 2 of the original DS-230 application (part 2, 43a), requesting to be assigned a social security number. Should I revise this document and submit again before the interview, or wait for the interview to explain the situation re: 2012 tax returns? Any feedback much appreciated! Sammy
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I need an individual taxpayer identification number (ITIN) for my income tax. The form was denied. It seems fairly simple. Am I missing something? My wife sent a notarized copy of her passport which I sent in with the form W-7. Has any one else had this problem they resolved? There is no irs office around here to go to and the phone numbers I call don't help. I read the instructions for the form and it seems like they should have accepted it. Any help would be appreciated.
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Hello everyone. This is my first post. Like most people here, we're beginning the green card process and I'm feeling completely overwhelmed by it. Also, we had a horrible experience getting my wife's first tourist visa to visit the US at the Shanghai consulate four years ago, so I'm terrified of doing something wrong with the paperwork. First, here are our vitals... I'm American, my wife is Chinese (pretty standard here). I have lived in China since 2002. We have been in a relationship since 2003, and have been happily married since April 2008. We do not own property in China. Regarding taxes, we earn less than $90k per year, so the Foreign Earned Income Exclusion would cover any taxes we would pay if we filed separately or jointly. We have only worked for Chinese companies. We do not have any income from the US. All our income comes from China. My father will be co-sponsoring our green card application (joint affidavit of support). My main concern is regarding taxes. Would it be better to file as "Married, Joint" or "Married, Separate"? I am not sure what the advantage would be if we filed as "Married, Joint", except that it helps to prove a "bona fide" relationship. However, we have lived together since 2004 and have numerous photos, plane tickets, etc. from trips we've taken abroad (4 to the USA, Thailand, Vietnam, Philippines) and from our wedding (which my parents attended in China) and numerous other adventures together, so I'm not too concerned that they'll think our marriage is a fraud (it isn't). Any advice would be greatly appreciated. -
I have received the NOA for my wife and I'm waiting for the NOA for my step-daughter. What documents do I do need to file next? I am currently working on my I-864. Do they mail the P3 packets or do you download the forms. If you down load the forms what forms do I need to download? Bubba
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Hi, everyone. My wife and I are starting our visa journey by getting her an ITIN so we can file a joint tax return. (The lady in the IRS office suggested we do this so there will be no questions like "Why didn't you file jointly if you were happily married?") During the past year the rules for acceptable documents have changed. We can no longer submit a notarized copy of her Chinese passport. Instead: So, we need to get a certified copy of her passport from the issuing agency (Exit & Entry Administration Ministry of Public Security). My wife has called them to ask about this, but is unsure of the Chinese term for "certified copy". Have any of you done this? Can you tell me what the Chinese is for what she needs, and how you got it done? Thanks! -
My husand and I are planning to apply for DCF in March. We met in Dec. 2007 and got married in July, 2010. He's retired since Feb. 2011. We have been looking for how to hand in our application for not a short time. But, there are some points we are still worrying about as follows, ---what documents should we hand in to Beijing Embassy with I-130 form? ---He has retired since Feb. 2011. And retirement fee is well above the 125% of poverty line. The retirement pay is automatically put into his US. bank account every month. We don't have tax return and stubs. How do we show our affidavite of financail support? Which form do we need to fill in? Do we need a co-sponsor? ---We don't have a rental place in U.S. Our plan is to rent a place to live temporarily or live with his mum for a short time and then look for the house to buy. But now we don't have one. Can we list his mum's apartment in the form as our decimile because all of his materials and documents are sent to his mum's home? ---Do I need to apply for ITIN number? Thanks in advance! DoubleJ
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Lived in China 2011 Time to filed Taxes here in CA
Guest posted a topic in AOS & Immigration Challenges
On January 19, 2011, I moved to China and lived with my wife which I married back in November the previous year. During this year, my wife taught at home English courses to elementary students and the projected income for the year less than 20,000.00. My job during this process was to facilitate the room and the administration of time keeping. Now, that I am in the states I am getting ready to filed my tax return here in California. Question, can I claim my wife, daughter and in-laws as dependents since we all lived in the same household. My time duration in China was 11 months. I have also heard that I apply for my wife a TIN. Is this true/ I want to do the correct thing and avoid any issues with the IRS and for that matter my wife and daughter future VISA process. Thank you, Al Maldonado -
If you married in China, what is your ITIN story ? Did you get one before she arrived in the US? If yes, for what reason(s), taxes, add to some account (bank, 401K)? If no, did you do revise taxes after she arrived? I found that my 401K said she doesn't need to be added to the account since by tax code it defaults to the spouse unless otherwise directed... but the tax code also requires the beneficiary to have a SSN or ITIN... so my 401K won't allow me to explicitly list her online since those field are 'required'.
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My wife and I recently mailed back the required material from Packet 3 and are now waiting for Packet 4. On the checklist of things required on the IV Instruction Packet is her Birth Certificate and Divorce Certificate. When we DCF'd for her CR-1 in Beijing the original notarized translations were requested and kept at the time of submitting the I-130. We have the original notarized Police Certificate, original notarized Marriage Certificate (we got extra copies), and photocopies of the notarized Birth and Divorce Cert's (as well as the original Chinese Divorce Cert book), but we don't have an additional notarized Birth or Divorce Cert beyond what we submitted with the I-130. Do we need to go back to her home town and get additional copies of these for her interview? We had planned to get additional Birth Certificate's later anyway but not until our last visit to the in-laws before heading to the USA which will likely be a month or two after her interview. Also a question about the I-864 and "most recent year's tax returns" - I have found it a nightmare to try to e-file taxes while married to someone who does not have a SSN or ITIN. Getting an ITIN for my wife sounds like it is going to require a trip to Beijing and/or a slow process via postal mail, neither of which are ideal right now and will be avoided if at all possible. I have lived in China for two years and last year simply got a 6-month extension on my taxes so I could qualify for the foreign earned income exclusion. Being that I was still out of the country at the end of 2010 I could file for a 6 month extension for this year also, putting my deadline for filing in October, which would be, God willing, 3-4 months after my wife and I enter the US and she has a SS#. However, the instruction letter that comes with P4 (or at least the pdf link online) states "the most recent year’s tax returns. For example, if the I-864 form was signed in 2008, bring the sponsor’s 2007 tax returns" are required. My I-864 is going to be signed in 2011. Does that make 2010's tax return an absolute requirement even if I would not have otherwise filed 2010 taxes by interview time? I have 2009's returns which I filed last year, as well as a transcript from 2007 and 2008. I have 2008, 2009, and 2010 from my joint sponsor. -
With tax time approaching, I have just prepared the IRS Form W-7 Application for ITIN, for my minor step-daughter, who is here on a K-4, so I may attach it to my Form 1040 for TY 2008. I applied for one of these for my wife two years ago, soon after we were married in China;therefore, she already has her ITIN, which was used on my 2006 and 2007 joint tax returns. Therefore, as an FYI for those who may be in the same situation, be it for a spouse or dependent child, here is the IRS link for a printable Form W-7, in the most recent revision, Feb. 2008. http://www.irs.gov/pub/irs-pdf/fw7.pdf Normally, the W-7 form is submitted along with the tax return to the specialized ITIN center in Austin, TX. The center will issue the ITIN and then process the current year tax return at that center; you do not forward another (duplicate) copy to your normal regional IRS return center. As a side note, I will be filing the necessary paperwork for their AOS and green cards, soon after the first of the new year, as we will be married two years in early December. I have held off filing for AOS since their arrival in mid-June, so that we may be considered for the ten year, permanent green cards for Lao Po and daughter, with the two year mark of marriage having been reached next month.
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hi, i live in massachusetts...just file federal return with w-7 for jointly filing with my wife who came here on feb......and i am doing state tax now....should i do the same thing ....attach w-7 too?.....help please.... thank you... andy -
AOS for K1-K2 has been pending for some time now. My question is whether when approved does a child's status change to allow for a SSI#?
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Anyone have info on filing for ITIN? I have the W-7, have our taxes all prepared in a bound book, signed..and a copy of her passport. The question I have, is how the heck do I get the passport notarized? The IRS says that either she goes to the consulate to get a notarized copy, or she sends in the original. They are unsure if a foreign notary will work. The W-7 form claims it will honor foreign notaries in accordance with the "hague convention" Their is a section of this on the website, I will go and read it now, but.. Does anyone have previous experience with this before I go reading what I am sure is an ambiguous document that ten people will interpret ten different ways? She can't go to the consulate in Guangzhou because it is a 6 hour ride and she is 7 months and then some pregnant. I can't do it because post 9-11 notary rules limit certified passport copies to the original holder only.. -
does anyone know that if i can use a tax payer id instead of a social security number to file my income tax jointly? we married on 2005 and she is here on January, 2006. thanks for your help!
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Question for all those who have filed using the W7 because their SO is not here yet. I thought I've seen people here say they had their SO mail their passport, so it can get notorized and the notorized copy mailed in with the W7 and Federal Taxes. I had Fanny send me her passport, but no one will notorize for me because they say the person whose document it is must sign for it. What should I be doing? Thanks, PF
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Apparently, my wife needs one of these Individual Taxpayer ID # (ITIN) so I can correctly fill out my 1040. Has anyone ever filed for one at any of the US Embassies/Consulates in China? We live in the middle of nowhere in Henan so it's hard to get to any of the consulates and yet i don't feel like sending my wife's passport all the way over to philadephia as instructed on the form. When out in the middle of nowhere, how does one get a notorized copy? That's the other way it can be done, according to the instructions. What happens if I leave the "ss#" blank on the 1040 for "spouse". It's not like I owe anything nor am I recieving a refund. Am I making too much of a big deal? Or should i get her a number somehow? Your thoughts will be much appreciated.
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About a month ago, we filed W-7 application to get an ITIN for my son. Today we got it back from IRS, saying that "You must file your Form w-7 with your valid tax return." So we are thinking that we don't have to file W-7 seperately, what we need to do is to file our tax return form together with W-7 form. Did we get it right? Any comments? suggestions? experiences? We appreciate it very much. Q&Q
