Establishing evidence of domicile and continued income

[simistar 2]

we are working on enrolling our children in a homeschool program in Oregon and also checking into a rental agreement that would give us some paperwork before the interview but begin tenancy on February 1st. if we can't find such a rental agreement then we will have her parents draw up a rental/tenancy agreement for us at their address. Hopefully something like this will work.

I'm curious if anyone has experience being rejected for not having the IRS transcripts for filing late. trying to measure my chances a bit.

Hi there,

Just thought I'd let you know my/our experience...

My husband (the US citizen) also hadn't lived in the States for YEARS and hadn't been filing taxes.

We had his accountant in the U.S. do the past three years of his taxes, which he did in about a week, then he overnighted them to us for us to sign.

Then we overnighted them to the IRS.

(we also had only about five weeks from the time we got our letter to our interview date)

He requested a transcript or receipt or whatever it's called from the IRS to prove that we actually filed the returns, BUT it didn't come in time.

So, for my interview in Montreal, I just took copies of the past three years of taxes that the accountant had prepared and filed. I was fully expecting the guy interviewing me to ask for some sort of proof from the IRS that we'd filed, but he never did. (YAY!)

So, I would think, chances are, you WON'T be asked for this and you should just bring copies of your past three year's of returns. (Again, though, you're right in saying it's kind of up to each individual officer...)

However, even if they DO ask for an official IRS transcript or receipt or whatever, chances are, they would just ask you to mail it in when you get it. It would definitely delay your case, but your trip to Montreal would not have been wasted...

Okay, now as for proof of domicile...

The guy who interviewed me basically approved me/us based on an official lease (downloaded from the Internet) that both my in-laws and us signed as an agreement to live with them and pay rent and utilities etc...

I had some other stuff for proof of domicile (my husband's valid US driver's license, a joint US account opened here, a copy of the MLS listing agreement with our real estate agent to sell our place, U Pack moving quote...)...

But we were approved based on just TWO items: this lease with his parents AND a job offer letter for my husband.

So I suggest you bring proof of your ability to continue working in the US... maybe letters from clients or companies ? and also a lease, either for your own place or at your in-laws....

(everything else is good too! but I would make sure you have these two items as well:-))

Good luck!

[simistar 2]

She also needs to file for an ITIN (a tax ID number) for you.

Oh, and I meant to mention our experience with this as well...

The accountant in the U.S requested one for me (I'm the Canadian citizen), but we ended up getting a request from the IRS that I mail back a copy of my Canadian passport to prove my foreign status...

They actually asked that it be notarized with an "apostille," but I guess they don't do "apostilles" in Canada...they do something similar, but it seems like a huge pain and expense...

So I'm just having my photocopy of my passport notarized and sending that in...

Anywaaaaay, point is...you amy want to include this off the bat when you ask for a tax id number...

[Malrothien 6]

She also needs to file for an ITIN (a tax ID number) for you.

Oh, and I meant to mention our experience with this as well...

The accountant in the U.S requested one for me (I'm the Canadian citizen), but we ended up getting a request from the IRS that I mail back a copy of my Canadian passport to prove my foreign status...

They actually asked that it be notarized with an "apostille," but I guess they don't do "apostilles" in Canada...they do something similar, but it seems like a huge pain and expense...

So I'm just having my photocopy of my passport notarized and sending that in...

Anywaaaaay, point is...you amy want to include this off the bat when you ask for a tax id number...

The IRS won't accept a notary from Canada as they are not a part of the Hague Agreement. We actually drove to Bellingham to get a US notary to sign off on my husband's passport. The apostille would mean that you'd have to get a certified copy of your passport from Passport Canada but it was a pain to do.

[simistar 2]

The IRS won't accept a notary from Canada as they are not a part of the Hague Agreement. We actually drove to Bellingham to get a US notary to sign off on my husband's passport. The apostille would mean that you'd have to get a certified copy of your passport from Passport Canada but it was a pain to do.

So, do you think just sending in a copy of passport with neither notarization nor certification from Passport Canada will be useless...?

Wow, now I guess I have to plan a trip to Bellingham...they REALLY don't make this easy do they? :-)

[Malrothien 6]

It *has* to be a certified copy from Passport Canada (pain in the ####### to get) or a notary. Sounds like a trip to Bellingham is in order!

At the same time - why don't you just wait to move and get your SSN? You don't need an ITIN once you've received your SSN.

[simistar 2]

It *has* to be a certified copy from Passport Canada (pain in the ####### to get) or a notary. Sounds like a trip to Bellingham is in order!

At the same time - why don't you just wait to move and get your SSN? You don't need an ITIN once you've received your SSN.

Ooohhh...really??? Maybe that would work!

BUT on the letter the IRS sent me (it was addressed to me, not my husband the USC), it says I have 45-days from the date of the letter (it's already been 30 days since receiving it)...and we're not moving to the States until end of December/beginning of January...

On the IRS letter, it says "foreign notaries are acceptable if they attach an apostille"...so I'm assuming if you got it notarized in the states, that's NOT a foreign notary and you did not need an apostille...?

Also, if you don't mind me asking (SORRY FOR THE THREAD HIJACK!), did you have to bring anything else with you...or just your passport...?

Thanks!

[Malrothien 6]

A US notary is a US notary.

I'm curious - why did you receive a letter from the IRS?

We only brought my husband's passport and two photocopies (the ones to be notarized).

[simistar 2]

A US notary is a US notary.

yes:-)

But i thought you said you still had to get an apostille...? Maybe not... that's what I was confused about:-)

I'm curious - why did you receive a letter from the IRS?

We only brought my husband's passport and two photocopies (the ones to be notarized).

They sent me a letter b/c of my request (well, the request of our U.S. accountant actually) to get an ITIN...

The IRS letter states I can't get one until I sent a notarized copy of my passport:-)

Edited November 17, 2009 by simistar

[Malrothien 6]

A US notary is a US notary.

yes:-)

But i thought you said you still had to get an apostille...? Maybe not... that's what I was confused about:-)

I'm curious - why did you receive a letter from the IRS?

We only brought my husband's passport and two photocopies (the ones to be notarized).

They sent me a letter b/c of my request (well, the request of our U.S. accountant actually) to get an ITIN...

The IRS letter states I can't get one until I sent a notarized copy of my passport:-)

Goofball, I said "or".

Ahhh - so you already filed the forms for an ITIN? Gotcha.

[simistar 2]

Goofball, I said "or".

Ahhh - so you already filed the forms for an ITIN? Gotcha.

Ooooh...sorry -- thanks for clarifying:-)

I just sent the accountant an e-mail asking him what I should do...

(I realized maybe I shouldn't cross the border to Bellingham since I have yet to cross and activate my CR1 visa... I'm thinking I'd probably get turned back at the border since I clearly won't be moving when I cross..? Or maybe that doesn't matter..? Aargh,)

Edited November 17, 2009 by simistar

[Rod James 0]

the accountant in Washington i spoke to, who will file for us (meeting tomorrow), suggested there may be an exception for me so that i don't need to bother with an ITIN number and also mentioned that it wouldn't be necessary once i had an SSN anyway. So it seems to me at the moment that it's not necessary in order for my wife to file income tax. I could bring photocopies of my passport down to Lynden WA with us just in case he says we need it though.

thanks for chiming in Sinistar, this is all helpful to read through.

Edited November 17, 2009 by Rod James

[Malrothien 6]

Goofball, I said "or".

Ahhh - so you already filed the forms for an ITIN? Gotcha.

Ooooh...sorry -- thanks for clarifying:-)

I just sent the accountant an e-mail asking him what I should do...

(I realized maybe I shouldn't cross the border to Bellingham since I have yet to cross and activate my CR1 visa... I'm thinking I'd probably get turned back at the border since I clearly won't be moving when I cross..? Or maybe that doesn't matter..? Aargh,)

You could activate and turn right around - others have done it here. On the other hand, you could explain to the official what you are doing, show the letter from the IRS, and tell him you are not ready to move quite yet. It's up to you.

[simistar 2]

You could activate and turn right around - others have done it here. On the other hand, you could explain to the official what you are doing, show the letter from the IRS, and tell him you are not ready to move quite yet. It's up to you.

Really? I guess I could give it a try...

Then again, if our accountant says not to worry b/c I'll have a SSN soon, then that would be VERY cool:-)

[LimboSage 0]

I just want to chip in that my wife also hadn't filed her 2008 returns, and we were only able to supply the photocopies of the 1040 and 2555 we sent in like last week.

But this was enough for them at the interview, and or guy didn't even ask for the registered mail receipt I had. So I wouldn't worry TOO much.

But an important qualification: my wife made very little income in 2006, 2007 and 2008, and we had a VERY strong join-sponsor in her father. So this may explain why they were so lenient in my case.

Just out of interest, this is what we had for domicile:

-Lease (from her father)

-Job offer (from her father's company)

-Photocopy of her unexpired California licence

-Title for her car with California plates

-Photocopy of Californian registration and insurance for her car (though these were temporary, as she needs to have it smog checked upon returning to California)

-Letter from her Canadian employer confirming she had resigned

-Letter from our Canadian landlord confirming that we had tendered our one-month's notice.

This was enough to make the process a breeze.

[trailmix 77]

You changed your name

Well congratulations to you, glad your interview went so well! Also good info about copies of the 1040 that you only recently sent, that answers that question!

Edited December 3, 2009 by trailmix