What to do if one has no W-2 or US tax records for CR1 interview in China?

[Darnell 8,478]

eh - sorry - i mis-wrote.

When never, ever, filing for 'that year' before - a 1040 for 'that year' is just fine.

1040X is for amended returns, not 'first filing', usually.

Edited January 13, 2013 by Darnell

[Darnell 8,478]

do note chasing after a W-7 can be difficult,as

the ONLY notarized copy of her bio page accepted with IRS is now

one notarized by a Vice-Consul at the US Consulate in China (there are 4 plus an embassy, so that's a plus)

If you are thinking to do this, add 3 weeks from today, to your calendar for filing yer pack o stuff into the IRS,

and LET ME KNOW soonish, I'll outline the steps for you that yer lass needs to do.

[Yeti_Ball 0]

do note chasing after a W-7 can be difficult,as

the ONLY notarized copy of her bio page accepted with IRS is now

one notarized by a Vice-Consul at the US Consulate in China (there are 4 plus an embassy, so that's a plus)

If you are thinking to do this, add 3 weeks from today, to your calendar for filing yer pack o stuff into the IRS,

and LET ME KNOW soonish, I'll outline the steps for you that yer lass needs to do.

It seems that the W-7 form now requires an official stamped "certified copy" of her passport from the Chinese passport office. This could take a while to get mailed all the way over to the US and I'm wondering if I have to have include this form when filing my 1040 or if I can just leave the space for her SSN blank for now.

It seems that the W-7 form is only required if my wife were filing a 1040 for herself, although they do ask for her SSN on my 1040 form since she is listed as my spouse.

EDIT: From the IRS FAQ page on ITINs:

What is the difference between a "certified" and a "notarized" document?

A certified document is one that the original issuing agency provides and certifies as an exact copy of the original document and contains an official stamped seal from the Agency. These documents will be accepted. A notarized document is one that the taxpayer provides to a public notary who bears witness to the signing of the official document and affixes a seal assuring that the document is legitimate. These documents will not be accepted for ITIN applications. Note there are some applicants who are exempt from this change. This exemption is described in a previous question.

Edited January 13, 2013 by Yeti_Ball

[The Mean Lady 604]

It seems that the W-7 form now requires an official stamped "certified copy" of her passport from the Chinese passport office. This could take a while to get mailed all the way over to the US and I'm wondering if I have to have include this form when filing my 1040 or if I can just leave the space for her SSN blank for now.

It seems that the W-7 form is only required if my wife were filing a 1040 for herself, although they do ask for her SSN on my 1040 form since she is listed as my spouse.

EDIT: From the IRS FAQ page on ITINs:

What is the difference between a "certified" and a "notarized" document?

A certified document is one that the original issuing agency provides and certifies as an exact copy of the original document and contains an official stamped seal from the Agency. These documents will be accepted. A notarized document is one that the taxpayer provides to a public notary who bears witness to the signing of the official document and affixes a seal assuring that the document is legitimate. These documents will not be accepted for ITIN applications. Note there are some applicants who are exempt from this change. This exemption is described in a previous question.

You MUST include this document.

It must be copied by the issuing agency that issued the passport.

If you don't want to deal with that, file married separately, and write NRA where the SSN goes.

[Darnell 8,478]

if you are filing 'married filing jointly' then she needs the w-7 paperwork.

If filing 'married filing seperately' then she not need the w-7 paperwork.

[Yeti_Ball 0]

if you are filing 'married filing jointly' then she needs the w-7 paperwork.

If filing 'married filing seperately' then she not need the w-7 paperwork.

Okay good to know. will do that for now. another thing, seeing as how I've been married for less then a year, when i file for 2011 & 2010 would i file as NOT married since i was single during those years or married since i am NOW married, AT THE TIME OF FILING? i know this is not a tax forum, just throwing it out there!

[Darnell 8,478]

less than a year = married in 2012 .

so, single status in prior years, married filing seperately for 2012.

[Yeti_Ball 0]

Thanks, you guys are awesome! Will be back if i run into any other questions.

[Yeti_Ball 0]

you could back file with a 1040X (include a w-7 for an itin for yer lass if you want) with f2555 on your prior 3 years. No W-2s needed from your chinese employer.

but - where are you in the process? If you just filed the I-130, it won't matter at the moment - you have some time nowish to get this fixed . It matters at NVC, when submitting the I-864.

If you've already submitted the I-130 - please fill out yer timeline at http://www.visajourney.com/timeline/profile.php?id=150741

Ultimately, for the I-864 headed to Guangzhou IV (They do the final evaluation, btw, and are hard-asses for 3 years o prior tax data) it's best you show 3 prior years o tax data with your current employment info.

Good Luck! (if you change yer country to China in yer profile settings, we can find you in the portal and you'll get other answers from members with Chinese Spouses who have been in yer situation)

I have another question, when you say "past three years" would that be 1040's for 2010, 2011 and 2012... or would you need to include the 2009 form too seeing as how 2012 is kind of "this years" taxes? What do you think?

[The Mean Lady 604]

I have another question, when you say "past three years" would that be 1040's for 2010, 2011 and 2012... or would you need to include the 2009 form too seeing as how 2012 is kind of "this years" taxes? What do you think?

2009 before the april deadline

[Roosha 51]

Yeah I think I might just do that. Also, just for the record, I've found this on the IRS website for anyone in a similar situation, should prove to be awesome!

irs (dot) gov/uac/Instructions-for-New-Streamlined-Filing-Compliance-Procedures-for-Non-Resident-Non-Filer-US-Taxpayers

Thank you so much for posting this information, I'm going to use this procedure and hopefully get this off my shoulders! Good luck to you!