How to file for 2007 tax return

[M and K 0]

oh yeah forgot that part... we have to write a declaration letter asking to be considered as resident alien for tax purposes only.. and yes my passport is in my married name reason why we didnt send any more proofs of marriage...

Thanks july052007,

Your experience was very helpful and clarified what I expected.

We didn't get my wifes name changed on her passport because we were in such a hurry to get I-130 filed. Looking back, it would have simplified matters greatly and we would have only loss a couple weeks.

[SerenityNOW 11]

Do we really have to submit the marriage certificate too? I didn't see that in the instructions ...

By the way, I just checked - there are NEW instructions for the W7 form to get the Individual Tax Identification Number, updated in the last few days. It is different that the paperwork I printed up a few weeks ago...

Here is the web site again: http://www.irs.gov/pub/irs-pdf/fw7.pdf

Passport is best, but they have other combinations of things that work, too. If you end up finding a notary in the U.S., show them the instructions - the ones I talked to thought they were notarizing that the person was the person who holds the passport. They aren't - they are notarizing that the passport copy is a valid copy of a real passport.

The American Embassy of your spouse's country *should* be able to do this for you, but of course when my husband when to the embassy in Sofia, Bulgaria, they claim they don't do this. <sigh> . So he went to the place that issued his passport and got an "official" copy. I think I will have him send his passport as well for me to notarize here, too, now that I know that the notary can do it without him here.

I copied below the instructions for what is needed to file the W7 along with your "married filing jointly" taxes.

You can submit copies of original documents if you do any of the

following.

- Have the copies certified by the issuing agency or official

custodian of the original record.

- 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.

- Have the copies notarized by a foreign notary. However, foreign

notaries are only acceptable as outlined by the Hague Convention.

The Hague Convention provides for the simplified certification of

public (including notarized) documents to be used in countries that

have joined the Convention. A certification will be issued in the form

of an "apostille," which will be attached to the copy of the

document. Note. The apostille must stay attached to the copy of the document

when it is sent to the IRS.

Curious about a couple things, any answer would be appreciated.

When you filed your W7:

Was your husband and your name the same (married name) on the form and is this the same as the name on your passport?

Did you provide proof of marriage? (Certified translation of marriage cert if not English)

These are my biggest concerns. I will probably file single and then file the 1040x later. My Wife is still in Bolivia and her passport has her maiden name on it. This will be her name for our K-3 Visa. In order for me to file a joint return, I would have to have her sign W7, 1040, and have another copy of marriage cert and notarized copy of passport. This is a lot of moving of mail back and forth and additional documentation which takes time.

My understanding is that we include a letter stating that we wish her to be considered “resident alien for tax purposes” along with proof of marriage documents.

Any help appreciated.

Thanks,

[M and K 0]

Do we really have to submit the marriage certificate too? I didn't see that in the instructions ...

By the way, I just checked - there are NEW instructions for the W7 form to get the Individual Tax Identification Number, updated in the last few days. It is different that the paperwork I printed up a few weeks ago...

The part of the instructions that catch my attention is under “How To Apply”:

3. The original documents, or certified or notarized copies of

documents, that substantiate the information provided on the Form

W-7. The supporting documentation must be consistent with the

applicant’s information provided on Form W-7. For example, the

name, date of birth, and country(ies) of citizenship must be the same

as on Form W-7, lines 1a, 4, and 6a.

This is important to note, since my wife’s name on her Passport is not the same as mine. In order to substantiate her being my wife, a certified translated copy of our marriage certificate would likely be needed. The way bureaucracy is, I don’t even want to take the change and not assume this.

This proof is likely unnecessary if your wife’s name is now yours.

This was the case for july052007. They did not submit proof of marriage.