W7 - Supporting Documents Not Accepted

[Faraz 0]

I am a US Citizen with a wife in Pakistan. I applied for my taxes as "Married Jointly" and I provided her passport copy notarized from Pakistan and her birth certificated notarized in Pakistan. I got a letter from IRS that they need copies of those documents to be notarized in the US or a country that is part of the Hague Convention (Apostille needed). Could anyone give me a suggestion on what I should do. My I-130 was approved on Jan 24th and not sure at what time my wife will be here in the US. Any suggestions will be highly appreciated. Thanks

Edited March 23, 2011 by Faraz

[Done--Really 331]

The easy way to buy some time is to file for an extension. When you read the directions for the extension form, you will see that it clearly states that that all you have to do is write ITIN To Be Requested everyplace that it asks for her SS#, and you don't have to provide the SS# or apply for the ITIN until you actually file a few months from now. Yes, it will delay your refund if you are getting one, but right now, some breathing space might be worth more--certainly was in our case !!

[DR AM 0]

It is best to go through an Acceptance Agent with these things.. but it is a little late for that for you:

http://www.irs.gov/individuals/article/0,,id=96304,00.html

You can go the route by 'magical'.. file an extension and wait to see if she here soon.

Where in Pakistan is your wife? Most US consuls around the world will notarize your spouse's passport for W-7 purposes during citizen services hours or by appointment.. might want to call the Embassy in Pakistan and find out about this.. you can go here to get the actual appointment:

http://islamabad.usembassy.gov/public_services.html

[DR AM 0]

As reference a Vjer from Philippines mentioned that the Embassy in Manila will assist with this.

Also, I spoke with the Embassy in Abu Dhabi and they will do this. Here is an excerpt from the embassy:

"In addition, the Consular Section does not/not make certified copies of non-federal documents such as educational degrees and US state birth certificates (an exception to this rule is the IRS W-7 application)."

[S_AL_ 1]

I am a US Citizen with a wife in Pakistan. I applied for my taxes as "Married Jointly" and I provided her passport copy notarized from Pakistan and her birth certificated notarized in Pakistan. I got a letter from IRS that they need copies of those documents to be notarized in the US or a country that is part of the Hague Convention (Apostille needed). Could anyone give me a suggestion on what I should do. My I-130 was approved on Jan 24th and not sure at what time my wife will be here in the US. Any suggestions will be highly appreciated. Thanks

I had gone to the consulate in Karachi and had the copy of my passport notarized by the consular officer there. They charge a fee. At the consulate, they had checked our marriage certificate and that my passport had my husband's name (as my husband), she asked me when we got married etc. and then stamped and signed the copy of my passport and the W-7 form I had filled and she made me sign it too in front of them. I sent in that notarized copy of my passport to my husband along with the signed w-7 form and he applied for the ITIN here. Don't worry about the copy of the birth certificate. Just send in the copy of her passport notarized by the US government office (either the embassy or a consulate near her).

Edited March 23, 2011 by S_AL_

[hindustani24 7]

here is what i did for ITIN number without even using my wife's passport and i already have ITIN number in just two weeks:

http://www.visajourney.com/forums/topic/301407-my-experience-with-w7-process-to-get-itin-without-using-passport/

[hindustani24 7]

It is best to go through an Acceptance Agent with these things.. but it is a little late for that for you:

http://www.irs.gov/individuals/article/0,,id=96304,00.html

You can go the route by 'magical'.. file an extension and wait to see if she here soon.

Where in Pakistan is your wife? Most US consuls around the world will notarize your spouse's passport for W-7 purposes during citizen services hours or by appointment.. might want to call the Embassy in Pakistan and find out about this.. you can go here to get the actual appointment:

http://islamabad.usembassy.gov/public_services.html

From W7 instructions: "Consular offices at U.S.Embassies and Consulates overseas may not certify true copies of foreign public documents and will refer applicants to the foreign authority that issued the document."

http://www.irs.gov/pub/irs-pdf/iw7.pdf

but if Islamabad embassy is doing it then i wouldn't think, IRS would have any problem with it.

Edited March 23, 2011 by hindustani24

[xelance 31]

magical, I am guessing there is no way to efile the form 4868 (extension form) if your spouse doesnt have an ITIN or SSN right?

Edited March 23, 2011 by xelance

[hindustani24 7]

magical, I am guessing there is no way to efile the form 4868 (extension form) if your spouse doesnt have an ITIN or SSN right?

I did this for my brother, did not fill the information about his wife.

[xelance 31]

and this didnt cause any issues? We are filing a joint return for 2010, wouldnt it place you under the filing single with no dependents tax bracket if you omitted any information about your wife? Could you amend this information later? My wife has her interview next week, and if all goes well..she should have her social security number in about 2 months.

Edited March 24, 2011 by xelance

[hindustani24 7]

and this didnt cause any issues? We are filing a joint return for 2010, wouldnt it place you under the filing single with no dependents tax bracket if you omitted any information about your wife? Could you amend this information later? My wife has her interview next week, and if all goes well..she should have her social security number in about 2 months.

Well form 4868 doesn't even ask you if you are going to file single or married. The point is as long as if you do not owe them money, there is no penalty (even if you do not file extension). Just because you didn't file extension for you wife who does not even have SSN or ITIN, they can't force you to file single (you just don't have it now, and that is why you are filing for extension).

[xelance 31]

sounds good, thanks Hindu! I think I will go that route, yeah...they owe me money, not the other way around, so Im sure its fine.

[Done--Really 331]

As I said before, no SS# or ITIN required to file for extension--here are the instructions directly from the form:

If you are a nonresident or resident alien and you do not have and are not eligible to get an SSN, you must apply for an ITIN. Although an ITIN is not required to file Form 4868, you will need one to file your income tax return. For details on how to apply for an ITIN, see Form W-7 and its instructions. If you already have an ITIN, enter it wherever your SSN is requested. If you do not have an ITIN, enter “ITIN TO BE REQUESTED” wherever your SSN is requested.