IRS Filing Status

[whome?]

How would you handle state income tax retrun?

 

I handled the state income tax return by giving the same info that I gave with the federal return. I also sent them a copy of the W7 application that was sent with the federal return along with the notarized copy of her passport as well as a cover letter explaining everything. Everything went smooth.

 

How did you get the notarized copy of her passport? I am living in China right now and the US Embassy will not just nortarize a copy of her passport even with me having the original. They say I have to get a Chinese nortary from our city. Then go to the province Foreign Affairs office and have the notary notarized and then bring both documents to ACS and they will nortarize the nortarized documents.

 

Did you just get a notary public in USA to stamp a copy of your wife's passport?

[LeeFisher3]

How would you handle state income tax retrun?

 

I handled the state income tax return by giving the same info that I gave with the federal return. I also sent them a copy of the W7 application that was sent with the federal return along with the notarized copy of her passport as well as a cover letter explaining everything. Everything went smooth.

 

How did you get the notarized copy of her passport? I am living in China right now and the US Embassy will not just nortarize a copy of her passport even with me having the original. They say I have to get a Chinese nortary from our city. Then go to the province Foreign Affairs office and have the notary notarized and then bring both documents to ACS and they will nortarize the nortarized documents.

 

Did you just get a notary public in USA to stamp a copy of your wife's passport?

The US Embassy informed you incorrectly, unless China somehow is a member of The Hague Convention.

 

Take the W-7 form along with the instruction sheet, her passport and highlight the following on page 2

Have the copies notarized by a U.S. notary public legally authorized within his or her local jurisdiction to certify that the document is a true copy of the original. To do this, the notary must see the valid, unaltered original document and verify that the copy conforms to the original. U.S. notaries public are available at U.S. embassies and certain consulates worldwide.

Inform them that this is an IRS concerning a USC and their spouse and if necessary run this up through a supervisor or two, you are wanting this certified as a TRUE COPY and nothing else. Unless they are blind they should be able to do that simple task as certification of a true copy only states that they verified the copy is of the original.

 

You might also ask the highly informative person who says to use a China notary to show you documentation as to when China signed the Hague Convention.

[usaRichard]

How would you handle state income tax retrun?

 

I handled the state income tax return by giving the same info that I gave with the federal return. I also sent them a copy of the W7 application that was sent with the federal return along with the notarized copy of her passport as well as a cover letter explaining everything. Everything went smooth.

 

How did you get the notarized copy of her passport? I am living in China right now and the US Embassy will not just nortarize a copy of her passport even with me having the original. They say I have to get a Chinese nortary from our city. Then go to the province Foreign Affairs office and have the notary notarized and then bring both documents to ACS and they will nortarize the nortarized documents.

 

Did you just get a notary public in USA to stamp a copy of your wife's passport?

My wife & I did this at the embassy in Beijing last November,

[defendo]

How would you handle state income tax retrun?

 

I handled the state income tax return by giving the same info that I gave with the federal return. I also sent them a copy of the W7 application that was sent with the federal return along with the notarized copy of her passport as well as a cover letter explaining everything. Everything went smooth.

 

How did you get the notarized copy of her passport? I am living in China right now and the US Embassy will not just nortarize a copy of her passport even with me having the original. They say I have to get a Chinese nortary from our city. Then go to the province Foreign Affairs office and have the notary notarized and then bring both documents to ACS and they will nortarize the nortarized documents.

 

Did you just get a notary public in USA to stamp a copy of your wife's passport?

My wife & I did this at the embassy in Beijing last November,

 

 

Maybe the Embassy or Consulate is hesitant to notarize a document that is in Chinese.

 

You can go to local Chinese Notary Public Office and have the document notarized and translated into English. They will charge you a nominal fee, but it is worth it.

 

Maybe the Embassy or Consulate is hesitant to notarize a document that is in Chinese.

[Sebastian]

We are both playing with the embassy in Chengdu this week for the notary copy of her passport - it's so confusing, even the chengdu website states they don't do the passport copy - we'll just have to be lucky when she shows up for the notary copy.

 

FWIW, I think a copy of the notarial translated birth certificate along with a copy of the notarial translated marriage book should be sufficient (copies only, the instructions seem clear about it) but I'm pushing for the notarized copy of her passport, instead.

Edited March 9, 2009 by Sebastian (see edit history)

[LeeFisher3]

How would you handle state income tax retrun?

 

I handled the state income tax return by giving the same info that I gave with the federal return. I also sent them a copy of the W7 application that was sent with the federal return along with the notarized copy of her passport as well as a cover letter explaining everything. Everything went smooth.

 

How did you get the notarized copy of her passport? I am living in China right now and the US Embassy will not just nortarize a copy of her passport even with me having the original. They say I have to get a Chinese nortary from our city. Then go to the province Foreign Affairs office and have the notary notarized and then bring both documents to ACS and they will nortarize the nortarized documents.

 

Did you just get a notary public in USA to stamp a copy of your wife's passport?

My wife & I did this at the embassy in Beijing last November,

 

 

Maybe the Embassy or Consulate is hesitant to notarize a document that is in Chinese.

 

You can go to local Chinese Notary Public Office and have the document notarized and translated into English. They will charge you a nominal fee, but it is worth it.

 

Maybe the Embassy or Consulate is hesitant to notarize a document that is in Chinese.

It's a passport, it contains both English and Chinese, but the only thing they are being asked to do is state that it is a True Copy. The easiest way to do this is for them to photocopy the passport and then notarize it. This isn't rocket science and even a person who's only skill has been to ask "do you want fries with that" is capable of performing that task.

[usaRichard]

 

It's a passport, it contains both English and Chinese, but the only thing they are being asked to do is state that it is a True Copy. The easiest way to do this is for them to photocopy the passport and then notarize it. This isn't rocket science and even a person who's only skill has been to ask "do you want fries with that" is capable of performing that task.

Absolutely true, this is all that was done for us, my wife stood B4 the Vo, answered a few questions and it was done.

Edited March 10, 2009 by usaRichard (see edit history)

[whome?]

 

It's a passport, it contains both English and Chinese, but the only thing they are being asked to do is state that it is a True Copy. The easiest way to do this is for them to photocopy the passport and then notarize it. This isn't rocket science and even a person who's only skill has been to ask "do you want fries with that" is capable of performing that task.

Absolutely true, this is all that was done for us, my wife stood B4 the Vo, answered a few questions and it was done.

 

I agree with Lee on this. The W-7 instructions seemed so simple. Interesting that Beijing embassy told me to just bring my wife and her passport and they could certify a true copy of her passport. I am trying to call Beijing to verify this before I go the Embassy.

 

Richard did you do this in Beijing or Guangzhou?

 

Here is the information I was given by Guangzhou on the phone and in email:

 

Hi,

 

ACS cannot notarize any Chinese passports directly. But we can authenticate the signature of the Chinese authority, who notarize your wife¡¯s passport. Please see the attached to see the detailed procedure to have the Chinese passport notarized.

 

Information on Procedure for Authentication of Chinese Documents

 

 

As outlined in our Foreign Affairs Manual for documents originating in foreign jurisdiction, the consular certification is the end of the authentication chain for documents intended for use in the United States. To permit the authentication of the last signature by the consular officer:

 

1) a Chinese notary public office at city or county level must first notarize the documents;

2) The foreign affairs office (FAO) of the provincial government, which has jurisdiction over the city where the documents were notarized, must then authenticate them;

3) The Consulate can then authenticate the signature of the foreign affairs official at the provincial level.

 

The Consulate in Guangzhou can only authenticate the signatures of Chinese provincial-level foreign affairs officials within our consular district, which includes the provinces of Guangdong, Guangxi, Fujian and Hainan.

 

The Consulate does not accept requests for authentication of documents by mail. Therefore, the applicant or his designated representative must appear at the Consulate in person, with the documents to be authenticated. The fee is US$30.00 or the Renminbi equivalent per document, and must be paid in cash or in U.S. traveler¡¯s checks.

 

Please note that a consular authentication of a provincial FAO official¡¯s signature conveys no judgement on the part of the authentication officer as to the validity or truth of an authenticated document. Thus, the authentication of a provincial FAO officer¡¯s signature by a U.S. consular official is merely that: attestation to the veracity of the foreign official¡¯s signature. We make no claim to the veracity of the contents of the document.

 

Following is a list of the four Provincial FAOs in our consular district:

[usaRichard]

>>Richard did you do this in Beijing or Guangzhou?

 

Beijing

[whome?]

>>Richard did you do this in Beijing or Guangzhou?

 

Beijing

 

Thanks. I just saw you already had said this. Sorry for the repeat.

 

And for the record .. I did tell Guangzhou that I wanted this for filing with the W-7 form and that I only needed to certify that it was a true copy. It seems that Beijing will do this. However I thought it would be better to do in Guangzhou so it would show on the records that I had visited Guangzhou ACS and got a copy of my wife's passport for filing our income taxes. I think this would be good information to help prove a bonefide relationship. Seems it is very complicated but not sure why.

[LeeFisher3]

Here is the answer from the various locations in China, appointments may be needed and a fee may be charged. As this is for tax purposes they may waive the fee.

 

This is extemely confusing, but the DOS information at the end of this may help.

 

Beijing NOTARY SERVICES

Certificate of true copy Please bring the original document for verification.

Chengdu Notarials

• Consular officers are only authorized to perform notarial services for non-U.S. citizens if the notarized document will be used in the United States.
  

Shanghai

Notary Services

Certification of True Copies: A document that has been verified as a complete and accurate reproduction of an original

Guangzhou

Notary Services

Please note that American Citizen Services can only authenticate copies of documents issued by the U.S. Department of State.

Shenyang

Notary Services

Also note that a consular officer cannot certify that documents are valid or that statements made are true. He or she can attest only to the oath taken by the person making the statements or presenting the documents. A consular officer will review documents each time that notarization is requested to determine whether notary services can be provided.

 

 

Now let's look at the ultimate authority on what the Consulates can do concerning Notary Services, I'd suggest printing the following page for your trip to the consulate and ask them to explain why the DOS makes a statement that they refuse to comply with:

NOTARIAL AND AUTHENTICATION SERVICES OF U.S. CONSULAR OFFICERS ABROAD

HOW DO YOU GET A DOCUMENT NOTARIZED OVERSEAS? Consular officials at any U.S. embassy or consulate abroad can provide a service similar to the functions of a notary public in the United States. It is also possible to have a document notarized by a local foreign notary and then have the document authenticated by the appropriate foreign authority in a country party to the Hague Convention Abolishing the Requirement for Legalization of Foreign Public Documents (which includes notarial documents).

 

WHAT IS THE BASIS FOR A CONSULAR OFFICIAL TO REFUSE TO PROVIDE A NOTARIAL OR AUTHENTICATION SERVICE: Refusal of notarial and authentication services by consular officers can only be done under specific limited circumstances. (22 CFR 92.9, 92.10). The historical basis for refusal to provide the service dates back to 1866 when the Attorney General found that consuls could refuse to authenticate a power of attorney executed before a notary public in the United Kingdom related "to property acquired during the {Civil} War, in violation of the proclamations of the President and acts of Congress, and by parties who were actively engaged in running the blockade." (See Official Opinions of the Attorneys General of the United States, Vol. XII, Opinion of Hon. Henry Stanbery of Ohio, August 1, 1866.) Bases for refusal include (a) acts not authorized by treaty or permitted by laws of foreign country; "B" acts prohibited by laws or regulations of the U.S. (such as regulations promulgated pursuant to the Trading With the Enemy Act or successor statutes); or © if the consular official believes that the document will be used for a purpose patently unlawful, improper or inimical to the best interests of the United States.

 

DO U.S. EMBASSIES AND CONSULATES PROVIDE NOTARIAL AND AUTHENTICATION SERVICES FOR NON-U.S. CITIZENS? Yes. 22 C.F.R. 92.4 B. provides that these services may be performed for any person regardless of nationality so long as the document in connection with which the notarial/authentication service is required is for use within the jurisdiction of the United States</u>

 

The goal is to get a True Copy, so if you need to ask for a supervisor do it, but don't get angry or loud as that gives them a reason to force you to leave.

 

Another option may be to ask them if all consulates in China operate under the same rules for Notary services, if they say Yes, the direct them to Shanghai's website and ask them to do what Shanghai is willing to do. B)

[whome?]

Thanks for all the information Lee.

 

It seems that it would be simple for me to go to Beijing and do this or Shanghai. Both are closer for me than GZ. However I thought it would be good to have this request in the GZ records for her future interview. What do others think of this idea?

[whome?]

Thanks for all the information Lee.

 

It seems that it would be simple for me to go to Beijing and do this or Shanghai. Both are closer for me than GZ. However I thought it would be good to have this request in the GZ records for her future interview. What do others think of this idea?

 

Sorry I hijacked this thread. Last information. I asked Beijing and Shanghai on the phone and they told me to bring my wife, her passport and they would certify the true copy.

 

I asked Guangzhou on the phone and they said they cannot certify a foreign document and I need to take it up with Beijing and Shanghai as to why they can and do not follow the rules. She also said that I have to get the local and province level notary done in the same province as the passport was issued AND GZ will only authenticate the signature of the chinese offical if it is from one of the four provinces they represent. In other words, I still have to go to Beijing if i follow GZ rules.

 

I give up on having my visit to the GZ ACS documented.

[mikepellicore]

They are not certifying a document, they are only notarizing that it is a true copy of the passport. I had Yizhen mail her passport with the signed copies of US and IL 1040's and W-7. I took the passport to the local IRS office, and they made the copy. I did not trust them with her passport, we needed that passport for travel to the US. Mike & Yizhen

 

I carried her passport back to China with me for the interview. I did not want to risk the mail 2 times

[whome?]

They are not certifying a document, they are only notarizing that it is a true copy of the passport. I had Yizhen mail her passport with the signed copies of US and IL 1040's and W-7. I took the passport to the local IRS office, and they made the copy. I did not trust them with her passport, we needed that passport for travel to the US. Mike & Yizhen

 

I carried her passport back to China with me for the interview. I did not want to risk the mail 2 times

 

I understand. The problem is I am in China. But I have since learned from Beijing ACS that there is an IRS office in the Beijing embassy and I can do the same thing you did in the USA over here.