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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? blink.gif Or should i get her a number somehow?

Your thoughts will be much appreciated.

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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?  :blink: Or should i get her a number somehow?

 

Your thoughts will be much appreciated.

I hope you filed an extension, as it is after 04/15 :D

 

Anway, here is a link to a PDF W-7. Fill it out and submit iwth your return

 

http://www.irs.gov/pub/irs-fill/fw7.pdf

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Hi mia ke shu shu,

 

Here is my experiance with the W-7.

 

When you file your taxes you must send the W-7 along with supporting documents attached to the 1040. Remember to send it to Philidelphia for processing. The address is in the instructions for the W-7.

 

The problem I have had with this is I sent everything to the correct office, but some mail room dweeb looked at the return address on the envelope and re-routed the entire thing to Kansas City instead. As a result, my deductions for my wife were disallowed but the IRS allowed me to keep the Filling as Married filling joint.

 

I sent a letter to both offices to request clerification. The Kansas City office called me to let me know that the W-7 did not show up at their office. The conclusion is I went ahead and accepted the refund as it is now and once my wife comes we will re-file and amend this year and last years 1040 "AGAIN".

 

The bad part about all of this is I had called 3 "Tax Professionals" a CPA, H&R Block and the IRS Help Desk. I did everything these people told me to do and the IRS still found a way to screw it up!

 

That's my experiance for this year. I hope you have better luck than I did!

 

Bryan

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If you do not owe any taxes (minimal US income), can you just check "single" and send in the tax forms? Somebody should know the answer to that question.

 

I am pretty sure that in theory, you don't need to file if nothing is owed, but you should have the history for your I-134 and I-864 financial stuff. So, I would try to get some kind of form sent in.

 

---- Clifford -----

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Clifford,

 

If you look in the instructions of the 1040 there is a statement that tells you that (not verbatum) even if you did not have taxable income, you should file any way.

 

As I see it, your going to probably get some money from the IRS, even if only a few dollors and filling the 1040 gives you a history and establishes what your yearly income has been. As you know, this is important for things such as the I-134 and I-864. So in my opinion, why not file!

 

Also remember that when you do submit the 1040, how I understand the tax law, you must file as married if you are married. I could be wrong, but that is how it was explained to me when I was getting the W-7 ready for my wife.

 

Bryan

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I really appreciate all the comments and advice. Than you all.

 

 

I didn't bother filing by 4/15 because, well, I don't owe anything and I ain't gonna get a refund either. I'm just a state owned university China hack for the time being, well below the $80G for the US and tax exempt in china. I"ve filed late in previous years (not habitually) and it was never a problem. It seems like it's only a problem if you owe $$, which I'm glad to say I never have.

 

So I'll just fill out the w7 (thanx for the link) and send a copy to philly and one with my tax forms to my usual filing place of Atlanta. It's all starting to make sense now.

 

It sounds like in order not to confuse IRS dweebs anymore than they already are and the w7 doesn't end up in KC, maybe I should attach a cover letter stating what's in it. (?)

 

Oh, one more question for the tax professionals. I don't have copies of previous years 1040 forms here in china. They are probably in storage in florida. Does my wife need them for her interview? If so, can the IRS provide me with copies?

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So I'll just fill out the w7 (thanx for the link) and send a copy to philly and one with my tax forms to my usual filing place of Atlanta.  It's all starting to make sense now. 

You had better re-read the instructions. You send your original return and that W-7 to Philly. See "Where to Apply".

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Oooooh right. Thanx for the heads up on that. I need to send either orignal or certified copies of documents.

 

Since I'm in the middle of China with no consulate around me, I think sending originals to PA is rather risky. If her passport gets lost, well, Henan province does not like to give out passports. Between repeated phone calls from my employers as well as my father in law and myself greasing a lot of PSB palms we finally got it and I'm not letting the damn passport out of my sight. So sending the passport is out of the question.

 

When they say "certified", is this something the local PSB can do, or do I have to make a special trip to The US Embassy in Beijing just to get them "certified"? Will a good old fashion Chinese red stamp on the copy with "This is a true, certified copy of the original" do the trick?

 

now for a really dumb question, what's NOA 797?

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Here is the official definition of the I-797.

 

I think it is what GZ will give you once they approve your wife's application, but I am still waiting to get one myself.

 

Form I-797, Notice of Action

 

Form I-797, Notice of Action is issued as a result of an application or a petition submitted to the BCIS. Foreign nationals might have Form I-797 as a result of a request to change from one non-immigrant classification to another, or because a petition has been filed on their behalf by an employer or other entity. If the application or petition is approved by BCIS, the Service issues Form I-797 to verify its approval of the action.

 

The top left-hand corner of Form I-797 is imprinted with a unique number which begins with three letters, followed by 10 digits. This form also contains a description of the action requested and the name of the person or organization which filed the petition, the visa classification approved and the validity dates. The lower half of the form contains a replacement I-94 card.

 

The beneficiary of an approved Form I-797 for an employment-related "immigration status" is only permitted to work or receive compensation from the sponsoring employer listed on Form I-797.

 

A UNH employee in possession of a valid I-797 for an employment-authorized immigration status such as a J-1, H-1B, TN or O-1 does not need an additional employment authorization document  (such as an EAD card) and need only present Form I-797 and a valid picture identification for employment verification.

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