K-3 status and filing taxes

[dale_trisha 3]

With the W7 you do not need to actually send the passport back and forth. A copy is all you need and then it needs to be notarized that it is a true copy or athenicated by the issueing agency.

[pushbrk 13,066]

If you're married, you're married, doesn't matter where your spouse lives, you have to file as married.

Your spouse will have to complete a W7 form, and you will have to claim any income that your spouse has. The foreign spouse is tax exempt up to I think $87,000.

While filing as married is the correct status, there are no consequences for filing single and then later, when the spouse has an SSN or ITIN, simply amending the return. Filing a W7 is made cumbersome and risky by the need for the passport in hand. We weren't about to risk mailing passports from and to China. The alternative is finding an IRS office abroad to attest to the validity of a copy.

Rin and I went to the US Embassy in Bangkok to have the validity of her ID (passport) "attested". Agree that if the embassy is too far away or it is impossible to file the W-7, then I agree with the amended return path (although I think this is more "cumbersome" than filing the W-7 with the initial return).

It's not more cumbersome than a 14 hour train ride to a Consulate that won't allow the foreigner inside without an invitation. The point is, an ITIN is not obtained by simply filling out a W7 form. Getting that passport or an authenticated copy to the IRS can be a deal breaker for many when the passport is not availsble or convenient to an IRS office.

[LoveMyTico 999]

I have my husbands passport here with me in the US. Can I get a certified copy here even though he is not here? He has the W-7 to sign and I will be bringing it back with me on the 10th. Or is it easier if we take his passport to the embassy in Costa Rica and get a certified copy? Since I am going to Costa Rica on Saturday I want to get this taken care of.

[rin and john 71]

If you're married, you're married, doesn't matter where your spouse lives, you have to file as married.

Your spouse will have to complete a W7 form, and you will have to claim any income that your spouse has. The foreign spouse is tax exempt up to I think $87,000.

While filing as married is the correct status, there are no consequences for filing single and then later, when the spouse has an SSN or ITIN, simply amending the return. Filing a W7 is made cumbersome and risky by the need for the passport in hand. We weren't about to risk mailing passports from and to China. The alternative is finding an IRS office abroad to attest to the validity of a copy.

Rin and I went to the US Embassy in Bangkok to have the validity of her ID (passport) "attested". Agree that if the embassy is too far away or it is impossible to file the W-7, then I agree with the amended return path (although I think this is more "cumbersome" than filing the W-7 with the initial return).

It's not more cumbersome than a 14 hour train ride to a Consulate that won't allow the foreigner inside without an invitation. The point is, an ITIN is not obtained by simply filling out a W7 form. Getting that passport or an authenticated copy to the IRS can be a deal breaker for many when the passport is not availsble or convenient to an IRS office.

And I agreed. See bold/underline above.

In our case, I was in Bangkok, we were staying at a hotel within five minutes of the US Embassy, and it took about 10 minutes to get the form/certified copy of the passport. Much better than the time to file an amended return.

[rin and john 71]

I have my husbands passport here with me in the US. Can I get a certified copy here even though he is not here? He has the W-7 to sign and I will be bringing it back with me on the 10th. Or is it easier if we take his passport to the embassy in Costa Rica and get a certified copy? Since I am going to Costa Rica on Saturday I want to get this taken care of.

From the IRS website, instructions for the W-7:

:To avoid any loss of your documents, it is suggested you do not submit the original documentation.

TIP

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

c Have the copies certified by the issuing agency or official

custodian of the original record.

c 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.

c 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.

Original documents you submit will be returned to you

at the mailing address shown on your Form W-7. You

do not need to provide a return envelope. If your

original documents are not returned within 60 days, you

can call the IRS (see Telephone help on page 2).

Copies of documents will not be returned. If you will need your

documentation for any purpose within 90 days of submitting your

ITIN application, you may wish to apply in person at an IRS Taxpayer

Assistance Center. See Where To Apply on this page. Your

documents will be reviewed by an IRS employee in this office and

returned to you immediately.

If you submit an original valid passport (or a notarized or

certified copy of a valid passport), you do not need to submit

any other documents. "

When I asked at my bank for them to notarize a copy of Rin's passport (she was there with me), the notary said that they basically attest to the signature being made by the individual signing a document and not to the documents authenticity. So I added to the copy that it was a true and accurate copy of her original passport, had her sign the copy, and the notary then notarized it.

Not sure if she would have done it had Rin not been there. I'd go ahead and have it done in Costa Rica.

[pushbrk 13,066]

I have my husbands passport here with me in the US. Can I get a certified copy here even though he is not here? He has the W-7 to sign and I will be bringing it back with me on the 10th. Or is it easier if we take his passport to the embassy in Costa Rica and get a certified copy? Since I am going to Costa Rica on Saturday I want to get this taken care of.

From the IRS website, instructions for the W-7:

:To avoid any loss of your documents, it is suggested you do not submit the original documentation.

TIP

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

c Have the copies certified by the issuing agency or official

custodian of the original record.

c 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.

c 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.

Original documents you submit will be returned to you

at the mailing address shown on your Form W-7. You

do not need to provide a return envelope. If your

original documents are not returned within 60 days, you

can call the IRS (see Telephone help on page 2).

Copies of documents will not be returned. If you will need your

documentation for any purpose within 90 days of submitting your

ITIN application, you may wish to apply in person at an IRS Taxpayer

Assistance Center. See Where To Apply on this page. Your

documents will be reviewed by an IRS employee in this office and

returned to you immediately.

If you submit an original valid passport (or a notarized or

certified copy of a valid passport), you do not need to submit

any other documents. "

When I asked at my bank for them to notarize a copy of Rin's passport (she was there with me), the notary said that they basically attest to the signature being made by the individual signing a document and not to the documents authenticity. So I added to the copy that it was a true and accurate copy of her original passport, had her sign the copy, and the notary then notarized it.

Not sure if she would have done it had Rin not been there. I'd go ahead and have it done in Costa Rica.

One of the simplest ways to get a passport copy certified for a W7 is to take it to an IRS office and have an IRS employee certify it.

When the USC and abroad, near a US Consulate or Embassy in possession of the foreign spouse's passport or has it with them in the USA, the process is pretty simple. Most don't have that luxury.

[Thalia_Joimer 0]

Hi everybody, I have been reading these posts and i have an additional question if someone could answer this. My husband has been here for 10 yrs and he works under a false social security but has to file his taxes using his itin now we just got married august of last year and we don't have any of his papers yet as we had to find a cosponsor first. I was wondering if you could tell me what is the best way to file our taxes he says we have to file married joint i think but as i don't want irs problems later for either of us thanks

[Y's_habibitk 2]

Hi everybody, I have been reading these posts and i have an additional question if someone could answer this. My husband has been here for 10 yrs and he works under a false social security but has to file his taxes using his itin now we just got married august of last year and we don't have any of his papers yet as we had to find a cosponsor first. I was wondering if you could tell me what is the best way to file our taxes he says we have to file married joint i think but as i don't want irs problems later for either of us thanks

This may be inevitable since he is worked illegally and paid no taxes for 10 years

[Thalia_Joimer 0]

Hi everybody, I have been reading these posts and i have an additional question if someone could answer this. My husband has been here for 10 yrs and he works under a false social security but has to file his taxes using his itin now we just got married august of last year and we don't have any of his papers yet as we had to find a cosponsor first. I was wondering if you could tell me what is the best way to file our taxes he says we have to file married joint i think but as i don't want irs problems later for either of us thanks

This may be inevitable since he is worked illegally and paid no taxes for 10 years

oh no he has paid his taxes every year i don't know how exactly he did it but he has a tax return from every year since 2005 here at home so that is not gonna be a problem

[Y's_habibitk 2]

Hi everybody, I have been reading these posts and i have an additional question if someone could answer this. My husband has been here for 10 yrs and he works under a false social security but has to file his taxes using his itin now we just got married august of last year and we don't have any of his papers yet as we had to find a cosponsor first. I was wondering if you could tell me what is the best way to file our taxes he says we have to file married joint i think but as i don't want irs problems later for either of us thanks

This may be inevitable since he is worked illegally and paid no taxes for 10 years

oh no he has paid his taxes every year i don't know how exactly he did it but he has a tax return from every year since 2005 here at home so that is not gonna be a problem

but his tax returns are filed under this false SS#? so the SS# is assigned to his name? how odd.

Im sorry, I dont have anything helpful to add. I just didnt know that people could do and get away with it

Maybe you guys can ask a lawyer who specializes in this type of thing. ??

[Thalia_Joimer 0]

no his tax returns are filed under his itin number i don't know there is only one place in town that will file his taxes because of this so well i guess we will see thanks anyway

:bl