Form W7 form

[TimnGrace Kohler 0]

We just got married December 26, 2009 in the philippines. I want to claim married and filling jointly on my tax return. Is marriage contract good enough or do need her passport that shows her new name?

[Scott and Mhay 57]

It might be more trouble than what it is worth to get the right certified copy of the passport that the IRS will accept. I need to try going to the social security office and see if they will accept what proof I have. I may file for an extension to until Mhay is with me and she can get a social security number. Do a search on posts I started...it is in the PI subforum. It is more complicated than I thought it would be. I need to go to the social security office and see what they say about the letter I got from the DFA. Basically you need a authenticated copy of her passport from the DFA. What they gave me wasnt that....just a letter stating that the info from her passport. They never stamped a copy of her passport....just gave us a letter back with a raised seal. From others here, we didnt get to talk to the right person...although I thought we did.

But, if you get the right authenticated copy of her passport and marriage certificate (since her passport is in her maiden name right?) that should be good enough to get the ITIN. You might want to try searching ITIN in the PI section. Many people havent had good things to say about getting one...athough, some do get it.

[sjr09 155]

This was just discussed on a thread today ITIN: http://www.visajourney.com/forums/index.ph...t&p=3771328

[sjr09 155]

We just got married December 26, 2009 in the philippines. I want to claim married and filling jointly on my tax return. Is marriage contract good enough or do need her passport that shows her new name?

You don't need a passport to file jointly, you can file 'married but Legally separated', depends on the amount of time you have been married, you will need to read up on this. I filed this way in 08 while my wife and daughter was living in the PI I received all the deductions allowed by the IRS.

[Nich-Nick 3,354]

You don't need a passport to file jointly, you can file 'married but Legally separated', depends on the amount of time you have been married, you will need to read up on this. I filed this way in 08 while my wife and daughter was living in the PI I received all the deductions allowed by the IRS.

Can you give a reference to this because there is no such filing status as 'Married But Legally Separated'. There is 'Married Filing Jointly' and Married Filing Separately'. In some cases a married person can file under the 'Single' status if they are legally separated under a decree of divorce or separate maintenance decree by a court. And can you explain what you mean by "I received all the deductions allowed by the IRS." Do you mean you got the exemption for your spouse and counted the daughter as a dependent? That should have to be a "joint" filing. Or you could have possibly been "Head of Household" and claimed the child, but not the wife.

TimnGrace the OP who married at the end of December can file 'Married Filing Jointly' by submitting a W7 (application for ITIN) along with the tax return to a special address that processes those filings (Austin, TX.) They willl have to read the W7 instructions about the ID requirements or ask Rinand John who know more about the W7 with tax return. They will also have to write a statement electing for the non resident spouse to be treated as a "Resident Alien for Tax Purposes" and both sign it since she did not live in the US 183 days or have a green card. And they will have to report worldwide income, meaning any salary the non-resident earned in her country. It can be excluded from taxes on form 2555EZ. Or the USC can file 'Married Filing Separately" and not claim the benefits of extra exemption and standard deduction for a wife.