tax time and a few other questions

[Beachey]

 

She will be allowed in with a copy of the appointment. I know her father can get it done just as easily, but I'm not sure that the IRS would accept this - my guess is it'll work. The consulate's notarization is exactly the same as in the states, so maybe someone else can shed some light there.

 

When I took in my wife's passport to the consulate in Shenyang, the consular officer told me he could not notarize it since she was not there. What they did was a Certificate of Acknowledgement which is legally different though accomplishes the same thing. They charged me $50 which is their standard fee for notarization. I sent it in with the W-7 and we got the ITIN.

[tsap seui]

ok after careful consideration i will follow u guys advice about filing "married but file separately." , i will get her itin #. so a couple more questions:

 

1. in order to get the itin #, she can do this 2 ways:

a ) give me her real passport and i will have it notarized here in the usa?

b )go to us embassy in guangzhou and have her passport notarized.

 

if we choose option b, does she needs to make an appointment with us embassy and then go there to get her passport notarized? or she can go there anytime? she made not be able to go due to her being pregnant so i will ask her dad to do it for her. is that possible? any1 who here went this route and can you shed some light on this?

 

2. once she got her notarized passport, the w7 form is for my wife to fill out and for her to sign, correct? once completed, she give the completed w7 form and her notarized passport to me, correct?

 

thx in advance.

 

I took my wife's passport to a local politicians office here and had it notorized for free. I didn't want my wife to have to deal with any American's in a consulate, so we took the chance with her passport and she sent it over to me on some express delivery that got it here in a few days. On the W-7, or where ever she needed a signature I scanned the form into a PDF and sent it to her by e-mail. She went to a print shop in her city, downloaded the form, signed it and had it scanned into PDF and e-mailed back to me. Everything was done quickly.

 

After 4 years and 10 months of paperwork I was sick and tired of more forms by the time it came to this crap, but you have to do everything you can dream up or read about to prove your bona fide relationship. It made me feel great to get that ITIN number sent to me by the IRS, and to make my 1040's reflect my marriage for the interview.

 

Good luck

 

tsap seui

 

I'm happy to see you doing this. You will be glad you did.

Edited January 19, 2012 by dnoblett
Replaced b) with b ) to remove smily (see edit history)

[seafood10]

ok after careful consideration i will follow u guys advice about filing "married but file separately." , i will get her itin #. so a couple more questions:

 

1. in order to get the itin #, she can do this 2 ways:

a ) give me her real passport and i will have it notarized here in the usa?

b )go to us embassy in guangzhou and have her passport notarized.

 

if we choose option b, does she needs to make an appointment with us embassy and then go there to get her passport notarized? or she can go there anytime? she made not be able to go due to her being pregnant so i will ask her dad to do it for her. is that possible? any1 who here went this route and can you shed some light on this?

 

2. once she got her notarized passport, the w7 form is for my wife to fill out and for her to sign, correct? once completed, she give the completed w7 form and her notarized passport to me, correct?

 

thx in advance.

 

I took my wife's passport to a local politicians office here and had it notorized for free. I didn't want my wife to have to deal with any American's in a consulate, so we took the chance with her passport and she sent it over to me on some express delivery that got it here in a few days. On the W-7, or where ever she needed a signature I scanned the form into a PDF and sent it to her by e-mail. She went to a print shop in her city, downloaded the form, signed it and had it scanned into PDF and e-mailed back to me. Everything was done quickly.

 

After 4 years and 10 months of paperwork I was sick and tired of more forms by the time it came to this crap, but you have to do everything you can dream up or read about to prove your bona fide relationship. It made me feel great to get that ITIN number sent to me by the IRS, and to make my 1040's reflect my marriage for the interview.

 

Good luck

 

tsap seui

 

I'm happy to see you doing this. You will be glad you did.

 

tsap seui:

 

that's what i'm leaning toward too. i don't want my wife to deal with the consulate especially she is pregnant now and traveling there by bus would take at least 3 hours. her step mom is flying over to china next week and will be returning on march 21. so i will tell her her step mom to get her passport for me when she comes back to give it to me. so once i get her passport can i go to any notary place or do i need to go to some city hall or office to have it notarized her passport? also god forbid, if she doesn't pass the interview. will i need her passport next year again to get itin # to file my next year income tax?

 

i will be flying back probably sept. 2012. that's when i plan to give her passport back to her. but will she need her passport back sooner for any part of the application before the interveiw? i submitted i-130 in dec. 2011. basically do i need to mail back her passport immediately after i do my tax or i can wait till sept. 2012 to give her passport back? thx in advance.

Edited January 19, 2012 by seafood10 (see edit history)

[tsap seui]

Once you get the ITIN number it will be good as long as you need it....hopefully not long.

 

Any notary can do the job for you, they are only confirming that the notarized copy of her passport was copied directly off her passport in their presence. Your notary will make a copy (mine gave me three) of the passport, then they will put their stamp on the copy along with their words that the copy was taken from her actual passport.

 

Good luck to you both. She's gonna be fine at her interview.

 

tsap seui

[dnoblett]

Once you get the ITIN number it will be good as long as you need it....hopefully not long.

 

Any notary can do the job for you, they are only confirming that the notarized copy of her passport was copied directly off her passport in their presence. Your notary will make a copy (mine gave me three) of the passport, then they will put their stamp on the copy along with their words that the copy was taken from her actual passport.

 

Good luck to you both. She's gonna be fine at her interview.

 

tsap seui

This is true, I have seen a couple posts where the Chinese spouse mails their passport to US Citizen Spouse in the states, the US Citizen then simply makes a photo copy, and brings copy and passport to a notary in the states perhaps at the local bank for verification that is a true photo-copy, they then file for ITIN using the stateside notary copy, and mail the passport back to China to their spouse.

[david_dawei]

sorry for the late response... Do not file 'single'. I did say that was an option and to do everything later... as part of full disclosure... but I would not recommend it. As Dan and others said (and as I did), file "married, filing separately". All the options are just numbers but they mean something to those who want to scrutinize a return or a visa.

 

SHE MUST GO TO THE CONSULATE to get a notarized copy of her passport bio... there is NOT OTHER OPTION... just follow that if you want to pursue it. I would not ask her dad to go... what anyone tells you is not a consulate decision. SHE MUST GO.

 

And she must sign the W-7... With these two, send them with the tax return.

 

Forget the lawyer and all their pontificating advice... Married, filing separate WITH (1) file W-7 (2) notarized chinese bio page. Get refund in YOUR name ALONE... Later, file amendment... GAME OVER.

 

Just my opinion... if you opt for 'single' with a latter amendment... so be it...

[david_dawei]

sorry for the late response... Do not file 'single'.

Of course the choice is your and the stress to get the documents is hers... maybe head of household would not require the W7 ??? Do what works best for both of you.

[tsap seui]

Once you get the ITIN number it will be good as long as you need it....hopefully not long.

 

Any notary can do the job for you, they are only confirming that the notarized copy of her passport was copied directly off her passport in their presence. Your notary will make a copy (mine gave me three) of the passport, then they will put their stamp on the copy along with their words that the copy was taken from her actual passport.

 

Good luck to you both. She's gonna be fine at her interview.

 

tsap seui

This is true, I have seen a couple posts where the Chinese spouse mails their passport to US Citizen Spouse in the states, the US Citizen then simply makes a photo copy, and brings copy and passport to a notary in the states perhaps at the local bank for verification that is a true photo-copy, they then file for ITIN using the stateside notary copy, and mail the passport back to China to their spouse.

 

That's exactly what we did Dan. It was too easy. Did the e-mail swapping PDF scans to each other thing with her W-7 signature.... and Bob's Yer Uncle.

 

Looks like Seafood even has someone (her step mom) to hand carry her passport to him.

 

Many ways to catch this fish. I just DID NOT want my wife to have to deal with some American clown in a State Department hat in Shenyang China.

 

tsap seui

[seafood10]

sorry for the late response... Do not file 'single'. I did say that was an option and to do everything later... as part of full disclosure... but I would not recommend it. As Dan and others said (and as I did), file "married, filing separately". All the options are just numbers but they mean something to those who want to scrutinize a return or a visa.

 

SHE MUST GO TO THE CONSULATE to get a notarized copy of her passport bio... there is NOT OTHER OPTION... just follow that if you want to pursue it. I would not ask her dad to go... what anyone tells you is not a consulate decision. SHE MUST GO.

 

And she must sign the W-7... With these two, send them with the tax return.

 

Forget the lawyer and all their pontificating advice... Married, filing separate WITH (1) file W-7 (2) notarized chinese bio page. Get refund in YOUR name ALONE... Later, file amendment... GAME OVER.

 

Just my opinion... if you opt for 'single' with a latter amendment... so be it...

 

david: how sure are you that she needs to go to the consulate to get her passport notarized? a few member here mentioned they have their spouse send them their passport and they notarized their spouse passport here in the usa?

Edited January 20, 2012 by seafood10 (see edit history)

[david_dawei]

It is possible that a notary will do it in the US, despite the person who owns the passport is not present to swear to it's authenticity... and then again, you may not get a notary willing to do that.

 

If this attempt saves a lot of headache and travel for her, then you can try it. You could call ahead of time to the bank (or notary location) to confirm they will do it. You could also bring a copy of the marriage certificate if that helps show the relationship when doing it.

[Randy W]

http://www.notaryrot...a_passport.html

 

 

The IRS will accept copies of original documents, if the copies have been properly certified or notorized by:

1. the government agency (foreign or domestic) which issued the documents,
   
2. employees of the U.S. State Department located in U.S. embassies and consulates abroad, or
   
3. a U.S. notary public who is allowed under U.S. state law to notarize foreign documents
   

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. Notarizing Officers at U.S. Embassies and Consulates overseas may provide notarial and authentication services. Contact the Consular Section, American Citizens Services of the U.S. embassy or consulate in advance to determine the hours of operation for these services.

 

 

The act of copy certification/attestation is completely different from notarial acts involving a signed document. You do not administer an oath or take an acknowledgment from anyone. Instead, you make or witness the making of a photocopy of a document, or you compare a photocopy* against the original document, and then certify or attest ("affirm to be correct") that the photocopy is a true copy of the original.

(*NOTE: Only certain states that authorize copy certification/attestation allow the comparison method. They are CA—POAs only, CO, ID, ME, MN, MO, MT, NH, ND, OK, PA, VT, WA, WV, WI, WY.)

For clarity, ASN avoids use of the term "certified" copy except in states whose statutes actually refer to the act in this manner. We more frequently use variations of the term “attest”; i.e. "copy attestation," or "attested copy."

 

Got all that?

 

You need someone to certify that the copy is a 'true copy' of the original - not all notaries will do that.

Edited January 20, 2012 by Randy W (see edit history)

[Randy W]

The notaries at the embassy/consulates are a different case - they have jurisdiction to perform U.S. notarial services (in a foreign country) only for someone who needs the service for use in the United States - this may be why the passport holder must go the consulate herself. The notary in the U.S. would simply verify the copy.

 

Note that in general, a certified copy of an official document may be obtained from the issuing authority ONLY. That is, you would not go to a notary to get a certified copy of your birth certificate. A certified copy of your own American passport can be obtained from the Dept. of State - http://travel.state.gov/passport/npic/npic_872.html

[seafood10]

so i'm having my wife send me back her official passport. since i fired my cpa, i have a few more questions. on my 1040 form, i'm filing as "married filing as separately."

 

1. when i notorized a copy of her passport here. do i also have to notorized our marriage certificate from china and then send here notarized copy of her passport along with the w7 form to get the itin #?

 

2. so on my 1040 form, on line 6a and b for exemptions. I will it for myself. b is for my spouse. so i can claim my spouse as an exemption even though she is in china right now? if yes, how sure are you guys?

 

3. if i'm putting her as exemption on my 1040 already, do i still need to file as amend return when she arrive here in the usa? if so, why? on the amend return, do we file as "married filing jointly" return?

 

4. since when i send my w7 form to get her itin #, i won't have it when i file my state tax form. so what do i file as for my state and what do i need to do on my state form? i live in new york btw.

 

thx in advance.

[Randy W]

YOU are responsible for your own return. YOU make your own choices.

 

1) The directions for the W-7 are at http://www.irs.gov/pub/irs-pdf/iw7.pdf. The directions say to include a notarized copy of her passport.

 

2) The question to ask yourself is "Are you married, or not?" If you are married, and your wife is applying for an ITIN, you may claim her as an exemption. YOUR CHOICE

 

3) YOUR CHOICE - file now, as you see fit. My understanding is that you will CHOOSE to file "married, filing separately" in order to get a refund in your name only. You MAY fill out a return using the "married filing jointly" status. Ask yourself, if you would WANT to file jointly. I fthe answer is "Yes", you MAY choose to file an amended return AFTER your wife has arrived and you have established a joint bank account.

 

4) I've never filed a state return, but I believe that others have done so writing "ITIN applied for"

[credzba]

2. You have two options for filing, Married filing jointly and married filing separate. This creates two issues to consider:

-a. If you will definitely NOT get any refund but it will help reduce your payments, then consider to file jointly. Your completely done with tax return issues in regards to her.

-b. If you are expecting a refund:

--1. Married filing Jointly: Then realize that you may get a refund check which you cannot cash since they MUST draw the check with both names. I went round and round with Bank of America and they assured me there was NO WAY they were going to let me cash my check or direct deposit it if it had a second name on the check.

--2. Married filing separately: This is what I did... I got a decent additional deduction with a refund and the check was only in my name. I can file an amended return now that she is in the US to claim the rest of the money they owe based on Married filing jointly.

 

 

As many have said, I was married when it came time to file taxes, but my wife was still in China with no ss#.

At the time I filed, there was an option to request the ITIN number when I filed my taxes, it was quick and easy. Perhaps that has changed.

I filed married jointly, and used the direct deposit option to have the funds placed directly into my bank account.

 

The difference between filing married separately, and married jointly was about $13,000 for me. I could have filed married separately, then filed an amended return after she got here, but it seemed like a headache. Direct deposit worked just fine and solved all my issues.