Update on W-7 rejection

[Musashii 21]

My wife is planning to file as married filing jointly and for this purpose I sent her a completed and signed W-7 but did not write her name in the delegate part. She said she was told by IRS that she does not need to send W-7 for ITIN to Austin, Texas but just send the whole thing (W-7 and tax return forms) to IRS.

Do I need to send her W-7 form again with her name in delegate? It already took 2 weeks for her to receive mail from my country.

Also, should she send the W-7 first to get ITIN for me and once she receives then she submits her tax returns?

[Harsh_77 718]

From what I understand if your spouse has not yet got visa and is not in country one would have to file Married Seprate and from your post it seems you are trying to do other way Married Joint.

[Caribbean Pirate 9]

Stupid question: what is the W-7? I haven't gotten there yet and I'm not sure what this is about. Can someone break it down for me?

[alizon 77]

My wife is planning to file as married filing jointly and for this purpose I sent her a completed and signed W-7 but did not write her name in the delegate part. She said she was told by IRS that she does not need to send W-7 for ITIN to Austin, Texas but just send the whole thing (W-7 and tax return forms) to IRS.

Do I need to send her W-7 form again with her name in delegate? It already took 2 weeks for her to receive mail from my country.

Also, should she send the W-7 first to get ITIN for me and once she receives then she submits her tax returns?

You don't need the delegate section, but I'm pretty sure it has to be sent to Austin.

From what I understand if your spouse has not yet got visa and is not in country one would have to file Married Seprate and from your post it seems you are trying to do other way Married Joint.

Anyone married can file married jointly. You just have to get an Individual Taxpayer Identification Number (ITIN) for your spouse, which is what we are all doing with the W-7 form. It doesn't matter if your spouse is still out of the country, but the foreign spouse also has to sign a form electing to be treated as a resident for tax purposes, which means you will be taxed on their income unless you file for an foreign income exclusion or foreign tax credit.

Stupid question: what is the W-7? I haven't gotten there yet and I'm not sure what this is about. Can someone break it down for me?

The W-7 is a tax form that you use to get an ITIN for your spouse (basically a temporary Social Security Number) so you can file jointly or claim them as an exemption.

Edited March 28, 2012 by alizon

[TedM 9]

My wife is planning to file as married filing jointly and for this purpose I sent her a completed and signed W-7 but did not write her name in the delegate part. She said she was told by IRS that she does not need to send W-7 for ITIN to Austin, Texas but just send the whole thing (W-7 and tax return forms) to IRS.

Do I need to send her W-7 form again with her name in delegate? It already took 2 weeks for her to receive mail from my country.

Also, should she send the W-7 first to get ITIN for me and once she receives then she submits her tax returns?

You should check again. All the forms (and even the IRS hotline) say the form must go to the Austin IRS address:

Internal Revenue Service

ITIN Operation

P.O. Box 149342

Austin, TX 78714-9342

That is the center for processing W-7s. Note that your regular tax return needs to be sent as well. This center will process the W-7 AND your yearly tax return.

Anyone looking to go this route should start with this: http://www.irs.gov/instructions/iw7/ch01.html. It should help get you started.

Edited March 28, 2012 by TedM

[July15 4]

My wife is planning to file as married filing jointly and for this purpose I sent her a completed and signed W-7 but did not write her name in the delegate part. She said she was told by IRS that she does not need to send W-7 for ITIN to Austin, Texas but just send the whole thing (W-7 and tax return forms) to IRS.

Do I need to send her W-7 form again with her name in delegate? It already took 2 weeks for her to receive mail from my country.

Also, should she send the W-7 first to get ITIN for me and once she receives then she submits her tax returns?

Well, your wife can write her name in the delegate section. It is better to be safe than sorry, so I would write it down. Alizon and Matt did not have any problems when they called the IRS to check on the status of their W-7 application. I DID, I couldn't get any piece of info from them, I gave them my husband's name, address, passport number, date of birth -I even argued that the ONLY part of information on that form worth of "stealing" is my SSN. I called 3 times. So, I do recommend writing it based on my experience but is up to you.

[navchusu11 5]

hello,

Just a heads up, I spoke with the IRS people about possibly just sending in a new return "married filing seperately" and amending it when she's here in May. But the women said that because i already sent in a "married filing Jointly" I cannot file "Married filing seperately". It can only be done the other way around. I'm not saying this is right but it's what they told me today, but at this point Im like whatever.

Matt

Hi Matt,

I don't know why i did it but I did not submit my tax return earlier and was waiting for ITIN. So, I had luxury to fill it as married filling separately. Last night I talked to my CPA and e-filled tax returns 2011. I felt it will be better course of action to get AOS ready as I am hoping to hear NOA2 soon. In general it will take 4-5 weeks to show your latest tax return after the date of you filled your tax return and I want to have 2011 tax return on my latest 3 years tax return transcript

[navchusu11 5]

Stupid question: what is the W-7? I haven't gotten there yet and I'm not sure what this is about. Can someone break it down for me?

Caribbean Pirate,

check the link, it might help

http://www.irs.gov/taxtopics/tc857.html

If someone is filling W-7 with connected to USC or LPR who is Petitioner for I-130, then best reason to fill W-7 should be "A nonresident alien not eligible for a SSN electing to file a joint tax return with a spouse who is a U.S. citizen or resident alien"

It’s not mandatory but good idea for whole I-130 process, NVC stage (AOS)

2nd option is you can fill your tax normally as married filing separately and do amendment when your spouse gets here(USA) by filling form 1040X.

Make it simple: Individual Taxpayer Identification Number (ITIN) – Form W-7 is temporary Social Security Number (SSN)

[Married_Noni 2]

Can someone please tell me the number to speak with an operator regarding the ITIN application. Also, what options did you speak??

Thank you :-)

[Darnell 8,478]

wow - I am sorry you guys had so many problems and issues.

Once I got my wife's notarized copy of her passport bio page, signed w-7 , signed tax return, signed letter for electing to be considered as a resident alien for tax purposes, the rest was dead easy, no rejections.

yikes.