Filing I-130 for my wife and 2 month old baby

[Randy W]

Can I ask my wife to send me her Chinese passport and I go to an IRS Acceptance Agent to file the W-7 application?

 

 

No - you go to the IRS Acceptance Agent (or a consulate) to get the passport certified, but, yes, she can mail it to you so you can do it. Yes, she can get it done at a consulate.

 

The W-7 is filed WITH the tax return - it WILL BE rejected if it is not. The tax return and W-7 are MAILED together.

[billyc]

I contacted the IRS in US. The Tax Assistant Center will except the W-7 filing with original passport. They will return the passport in mail to the US address.

 

They will accept the certified copy of the passport as well.

 

How can my wife get the certified copy of her Chinese passport in US Shanghai Consulate? Does she just bring her own passport and they will make a copy then certify it?

 

I find on Beijing Embassy web page: http://beijing.usembassy-china.org.cn/acs_notary.html mentions "What we can not do" : Certify true copies of documents. Note: If you need a certified copy of a foreign passport for IRS purposes, you may either contact the IRS office or use a local notary.

 

It seems there is no way to get a certified copy of the passport.

 

Please advise what should I do. Ask my wife mail me her passport and submit it to the Tax Assistant Center here?

[dan1984]

I'm sorry billyc, I do not have any answers for you, but I will be saving this thread for future use, as I think I will encounter the same issue at some point in the not too distant future.

[dnoblett]

There is an IRS office located in the US Embassy in Beijing.

 

Effective January 1, 2013, new ITIN procedures take affect for the Individual Taxpayer Identification Number (ITIN) application process. Some of the information below, including the documentation requirements for individuals seeking an ITIN, has been superseded by these changes. Taxpayers and their representatives should review these changes, which are further explained in these Frequently Asked Questions, before requesting an ITIN.

 

Alien taxpayers who need an Individual Taxpayer Identification Number (ITIN) may be able to secure one from outside the United States.

 

The IRS has permanent staff available that is able to help process Forms W-7, IRS Application Number and Instructions (PDF) at the following U.S. embassies overseas: Beijing, Frankfurt, London, and Paris.

 

http://www.irs.gov/Individuals/International-Taxpayers/Obtaining-an-ITIN-from-Abroad

 

Just may be a train trip to Beijing and back.

 

Also from IRS and Embassy site I can deduce that http://www.ustaxes.asia/index.php may be able help with getting the W-7 handled.

 

US Taxes.asia

Our tax professionals are experienced American CPAs and Enrolled Agents, who have worked professionally in both the U.S. and Asia, with a focus on expatriates living in Japan, Hong Kong, and mainland China.

 

Shanghai Office:
Add: 29/F, Shanghai Kerry Centre, 1515 Nanjing Road (W), Shanghai
Tel: 021-5213 8006, 021-5213 5116

[billyc]

I actually contacted the Beijing IRS office when I was in China. They told me they don't handle the W-7. Asked me to go to Shanghai consular get passport copy notarized then send it with tax return to Austin, TX.

 

It has been round and round regarding this topic. I am going to try to go to the US TAC with my wife's passport. The only thing worries me is because she is not showing in person, they have to send the passport to the ITIN unit in Austin, TX. Then send back to the US mailing address.

 

I will let you know if this way works or not.

[dnoblett]

Also According to IRS:

 

The IRS also accepts a Form W-7 by mail accompanied by ORIGINAL documents or certified copy of the document from the issuing agency establishes the identity and foreign status of the ITIN applicant.

 

And from US Con Shanghai:

 

What types of notary services are available? Certification of True Copies: A document that has been verified as a complete and accurate reproduction of an original.

 

Notary/Certified copy (per notary seal) $50

 

http://shanghai.usembassy-china.org.cn/acs_faq.html#acs_fees

 

So yes should be able get a certified copy of passport at the consulate, I would make a photo-copy of passport and bring it and passport to consulate for certification.

[billyc]

Dan,

 

You are right. In US, you can mail the passport with the tax return. I just want to see if there is any issues, so I plan to drop off to the TAC.

 

Yes, I see that on Beijing's website as well regarding Certification of True Copies:

 

However, at Beijing site: http://beijing.usembassy-china.org.cn/acs_notary.html under

What we CANNOT do:

Certify true copies of documents. Note: If you need a certified copy of a foreign passport for IRS purposes, you may either contact the IRS office or use a local notary.

 

It is really confusing what exactly they can or can not do. I don't understand the difference between "certificate of true copy" and "certify true copies of documents"

 

I am guessing the first one is for them to certify true copy of document in English".

[Randy W]

Dan,

 

You are right. In US, you can mail the passport with the tax return. I just want to see if there is any issues, so I plan to drop off to the TAC.

 

Yes, I see that on Beijing's website as well regarding Certification of True Copies:

 

However, at Beijing site: http://beijing.usembassy-china.org.cn/acs_notary.html under

What we CANNOT do:

Certify true copies of documents. Note: If you need a certified copy of a foreign passport for IRS purposes, you may either contact the IRS office or use a local notary.

 

It is really confusing what exactly they can or can not do. I don't understand the difference between "certificate of true copy" and "certify true copies of documents"

 

I am guessing the first one is for them to certify true copy of document in English".

 

Beijing has an actual IRS office - they will know what you need.

 

Contact information is at - http://www.irs.gov/uac/Contact-My-Local-Office-Internationally

Edited May 7, 2013 by Randy W (see edit history)

[dan_ling]

I just checked my 2009 returns and I filed using Turbo Tax and I filed as 'Married Filing Seperately' and I entered my wife's SSN as 'N/A' and it was accepted by both Turbo Tax and the IRS, does Turbo Tax not allow this now?

 

I then filed an amended return when my wife came to the US as 'Married Filing Jointly and got a huge amount back.

[billyc]

Unfortunately TurboTax Keeps failing the error check and refuse to efile the return. It keeps asking the SSN number for wife.

[Randy W]

Unfortunately TurboTax Keeps failing the error check and refuse to efile the return. It keeps asking the SSN number for wife.

 

I hate to point out the obvious here, but Turbo-Tax does not set IRS policy. They (the IRS) will tell you themselves that if you can't file electronically, submit the paper forms. Remember that you won't be able to submit the W-7 electronically anyway, which MUST be filed with the tax return. Turbo Tax I believe will let you print out the forms as they are now and submit those the old fashioned way.

 

I used the free-file eForms, which required me to fill in a US zip code (I entered 00000) and a US phone number (since I had to make an electronic payment). Neither are required when you submit the paper forms.

 

If you don't mind doing this, you could always enter 000-00-0000 for the missing SS # if it won't accept the N/A (I'm pretty sure it won't accept this in a numeric field).

[billyc]

Randy,

 

Took your advise. Using the Turbotax print out the tax return and mailed to IRS. According to IRS pub 501 page 7, fill in "NRA" in my wife's SSN column.

 

I debated, however finally filed as "Married file separately".

 

Thanks for everyone who commented and helped me on this issue.

[billyc]

The receipt day for the I-130 of my wife and daughter is April 17,2013. I still have not heard anything back from USCIS. The status on their web site is still "initial review". Both cases are at National Benefit Center. On USCIS web site, there is no estimate time for I-130 cases.

 

Since both my wife and almost 5 month old daughter are in China, should I try to submit the I-129F for K3/K4 visa? Or should I wait patiently for the I-130 to complete?

 

It is too painful for me not being with my family, specially missing out seeing my daughter everyday.

[dnoblett]

Patiently wait for the I-130 to process. Filing an I-129F will only slow the process while USCIS matches it up with the I-130 and in the majority of cases they tie the petitions (I-130 and I-129F) together, approve them at same time and send together to NVC where NVC will close the I-129F and proceed with the I-130.

K-3/K-4 was developed at a time when it was taking a year or longer for get an I-130 approved, it allowed spouse and child to enter the USA and wait for approval of the I-130, since USCIS has been approving I-130 before a K-Visa could be issued the whole reason (Waiting for I-130 approval) is no longer a valid reason for the K-3.

See: http://candleforlove.com/forums/topic/40925-change-in-how-nvc-handles-k-3-petitions/

 

I have not seen any K-3 cases discussed in a couple years now.

[billyc]

I contacted my senator's office for help. They checked the status and got the reply from USCIS that the case is at NBC and NBC is holding the case before they send to the local field office.

 

I think they are mistakenly think that my wife and daughter are in USA and waiting to send the case to local field office for the I-485 adjustment. How can I correct this?