Taxes Update for ITIN W-7 with China

[Loueikun 5]

I saw in other threads, it gets confusing. but most of them were pre-2009 where the IRS would just take a notarized copy from a US consulate, but now they no longer do that.

China is not a Hague Convention place.

I was reading some older tax threads in the China section, but I am just wondering what the current update and process would be for me to get an ITIN for my wife who is living in Shenyang,

Or is it the best thing to do to just walk into an IRS office with her original passport to get it certified for a W-7 (should that be when I am actually ready to file taxes?)

I was wondering if there is a specific foreign office she can go to with her passport and send that over to me and I notarize it here in US, or will the Shenyang consulate notarize that?

But the BIG question is.... will IRS accept it now, since they have the new confusing info on the current W-7.

I am just prepping for 2011 Tax Return Time, cause I got my NOA1 in April, but no NOA2 yet and she might end up not entering US by Tax time in April 2012.

Thanks

[jkelly07 120]

it's good to get a early start, she can download the w-7 form wwwIRS.GOV put her information on it sign her name and send it to you in the us then you sign it date ,your copy of marriagecertificate, copy of your us bio page passport, have it notarized, send it to internal revenue service,ITIN operations mail stop6090-ausc 3651 so ,interreginal hwy 35, austin tx 78741-0000. if you need assistance call 1-800-908-9982 good luck.

[LBeachey 44]

What I did was I made an American Citizens Services appointment at the Shenyang consulate and brought in my wife's passport. They will not notarize a copy but will issue a certificate that I appeared before the officer and swore it was my wife's passport. There is a legal difference from a true norarization. However, it worked as just got the ITIN here in China last week. I sent in the document with the w-7 and my tax return to the Austin address.

You should be able to do this at any of the consulates In china. Tell them it is for your tax return and they know what you need. It cost $50, bring cash either USD or RMB. You make the appointment online at the consulate website.

[Casprd 167]

Just tried this in Guangzhou after the IRS rejected all of the notarized copies of everything for my wife. I went to the GZ citizens service and they wouldn't notarize a copy of my wife's passport. They said it has to be a notarized copy that is then certified by the Foreign Affairs office in whatever city the notary was done.

As an alternative, you can file the taxes as married and separate but put your wife's name in the box for spouse, then when she gets her ssn, you can file an amended return. That is how we will have to do it since they rejected the W-7 application.

[Darnell 8,478]

this is getting weirder. I spoke with a consular officer in Chengdu in February, he assured me was no problem for my wife to show up there, pay the 50 bucks, get a copy notarized there for use with the w-7 form.

I've half a mind to use 'alternative notarial services' here in the USA.

[LBeachey 44]

this is getting weirder. I spoke with a consular officer in Chengdu in February, he assured me was no problem for my wife to show up there, pay the 50 bucks, get a copy notarized there for use with the w-7 form.

I've half a mind to use 'alternative notarial services' here in the USA.

It is not clear to me whether they will let a Chinese citizen into the consulate without an appointment and I am not sure you can make an appointment unless you are a citizen.

What the consulate did for me was a Certificate of Acknowledgement, it was two pages, first page was the statement that I appeared and acknowledged this was my wife's passport. They second page was a copy of her passport info page. I brough her passport with me, they made the copy.

I made a notarization appointment and they charged me the $50 which is the notary fee.

This was in Shenyang which is a small consulate. The building looks like a bunker.

[Loueikun 5]

Well thanks for the replies, I am not real sure you can apply for an ITIN ahead of time? I thought the W-7 is attached to the paper tax return once your ready to file.

I am not so sure I can just use my Marriage Certificate and my own Passport to get her qualified? I think they need her passport and nothing on the W-7 states they need proof of relationship.

I want to file jointly because filing separate will net a much smaller refund or possible I would owe taxes, and she is not really working now.

and oh great I finally checked my status on my I-130 and they finally updated it, I have an RFE on the way.... sheesh, mailed out the 6th of July.

[Darnell 8,478]

an rfe is good, in one aspect - in that you know yer casefile finally got to the front of the queue, and an adjudicator looked at it. Yay!

IMO, if you use NVC Electronic Processing, she'll probably have her interview late October, early november.

You can always file an amended return, going back a few years to your marriage year, once she's arrived in the USA and has a SSN, so if the ITIN option is untenable for you two, keep that in mind.

[Casprd 167]

It is not clear to me whether they will let a Chinese citizen into the consulate without an appointment and I am not sure you can make an appointment unless you are a citizen.

What the consulate did for me was a Certificate of Acknowledgement, it was two pages, first page was the statement that I appeared and acknowledged this was my wife's passport. They second page was a copy of her passport info page. I brough her passport with me, they made the copy.

I made a notarization appointment and they charged me the $50 which is the notary fee.

This was in Shenyang which is a small consulate. The building looks like a bunker.

Even with an appointment letter, my wife couldn't get in to the consulate in Guangzhou. Maybe in Chengdu she could as every consulate has their own rules it seems.

[Loueikun 5]

This was in Shenyang which is a small consulate. The building looks like a bunker.

And I believe I saw that it was not too far from the North Korea Consulate.

[LBeachey 44]

And I believe I saw that it was not too far from the North Korea Consulate.

The Japanese and South Korean consulates are all part of the same compound. Actually, it is easier to find if you look for the South Korean flag. The outer ring is protected by the Chinese. The second gate is manned by US security personnel (though I am pretty sure those are also Chinese citizens).

North Korean may have a consulate in Shenyang but I don't think it is close to the American consulate.

[LBeachey 44]

And I believe I saw that it was not too far from the North Korea Consulate.

The Japanese and South Korean consulates are all part of the same compound. Actually, it is easier to find if you look for the South Korean flag. The outer ring is protected by the Chinese. The second gate is manned by US security personnel (though I am pretty sure those are also Chinese citizens).

North Korean may have a consulate in Shenyang but I don't think it is close to the American consulate.

[Loueikun 5]

The Japanese and South Korean consulates are all part of the same compound. Actually, it is easier to find if you look for the South Korean flag. The outer ring is protected by the Chinese. The second gate is manned by US security personnel (though I am pretty sure those are also Chinese citizens).

North Korean may have a consulate in Shenyang but I don't think it is close to the American consulate.

I saw a North Korean flag and a separate building by a city park on the way to the US consulate, it seemed like 2-3 blocks away. Maybe it was some other North Korean office,

cause its on Bei Ling Da Jie (Beiling Avenue), Huanggu District

while the US one is at Wei Road, Heping District,

so I guess I must have been mixed up but I can easily recognize a North Korean Flag, may have been some North Koreans VIP home, since it looked like a residential compound and had guards.

[Casprd 167]

ok weird update, but even though our ITIN was denied and the letter said the taxes would be processed as married and separate, we got the refund and it was for almost the whole amount (less about $500). Not sure what is going on and still waiting for the letter from the IRS to see what is happening, but makes me wonder if the ITIN is really necessary or if they just screwed up.

[Loueikun 5]

I made an appointment at the US Embassy in Beijing next week, so I guess I will go in with my Wife's passport and Red Book and get a "Certificate of Acknowledgement"? from the Embassy and use that for the ITIN number.

Hope they know what service I am asking for, I put notarial services in my ACS appointment. I will mention its for the IRS and ITIN number?