About File Tax For 2012 Together With Wife Still Oversea

[tomvan 2]

Hello All,

I want to file tax for 2012 and I want to put my wife's name on it. She is still living in Vn. But the tax guy told me I have to submit the original of these doc. #1. Her Birth Certificate, #2. Marriage Cert. and #3. Her Passport. Everything have to be ORIGINAL, No Copy. If we send in the ORIGINALs then she will have problems later, because she only has 1 ORIGINAL of these things. Any body know about this. Please let us know. Thank you.

[speedwell 224]

Hello All,

I want to file tax for 2012 and I want to put my wife's name on it. She is still living in Vn. But the tax guy told me I have to submit the original of these doc. #1. Her Birth Certificate, #2. Marriage Cert. and #3. Her Passport. Everything have to be ORIGINAL, No Copy. If we send in the ORIGINALs then she will have problems later, because she only has 1 ORIGINAL of these things. Any body know about this. Please let us know. Thank you.

Get a different tax guy. Yours isn't even reading the IRS instructions. You only need to go through this if you are filing married/joint. If you are filing married/separately, all you need to do is to put her name on the form as your wife and write NRA where it asks for her Social Security Number or Taxpayer Identification Number. You DO need to file as married, since you ARE married, but you do not need to file joint.

If you are filing joint, then you need to apply for an ITIN number. This is done using Form W-7. The marriage certificate is not even required for filing W-7. If you look at the Form W-7 instructions, there is a chart showing what documentation is acceptable. She may be able to get documentation together that satisfies the requirements without sending in the originals of those three things. Copies are acceptable if they are certified by the filing agency--that means that she needs to get a certified copy of her birth certificate from the vital records office in her country (whatever that office is called), or a certified copy of her passport from the passport agency in her country. Certified means that they stamp it as a true official copy as verified by their office.

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

Edited February 2, 2013 by speedwell

[speedwell 224]

SORRY FOR THE DOUBLE POST; PLEASE USE THIS COPY INSTEAD

Get a different tax guy. Yours isn't even reading the IRS instructions. You only need to go through this if you are filing married/joint.

If you are filing married/separately, all you need to do is to put her name on the form as your wife and write NRA (that means non-resident alien) where it asks for her Social Security Number or Taxpayer Identification Number. You DO need to file as married, since you ARE married, but you do not need to file joint. You can file separately now, and amend your return later after she has her green card and SSN, so you can capture the deduction for her for the 2012 tax year.

If you are filing joint, then you need to apply for an ITIN number. This is done using Form W-7. The marriage certificate is not even required for filing W-7. If you look at the Form W-7 instructions, there is a chart showing what documentation is acceptable. She may be able to get documentation together that satisfies the requirements without sending in the originals. Copies are acceptable if they are certified by the issuing agency--that means that she needs to get a certified copy of her birth certificate from the vital records office in her country (whatever that office is called), or a certified copy of her passport from the passport agency in her country. Certified means that they stamp it as a true official copy as verified by their office.

For those reading this who are from the UK: The UK passport agency does not certify passports. I hear the US embassy in London can certify a copy for you. It's a different line from the visa interview line. I don't know much more about it, but maybe someone else does. My husband is Northern Irish and a dual UK/Irish citizen, so we are sending the tax people his Irish passport and retaining his UK one for travel and immigration. My CPA thinks I'm a genius.

This is the link to the IRS instructions for the W-7 including what documentation you must submit: http://www.irs.gov/pub/irs-pdf/iw7.pdf

SORRY FOR THE DOUBLE POST; PLEASE USE THIS COPY INSTEAD

Edited February 2, 2013 by speedwell

[Darnell 8,478]

what we did (and this matches the new W-7 id rules, btw)

My wife went to the US Consulate in Chengdu and had the BIO PAGE of her passport copied, and that copy notarized by a Vice Consul during American Citizen Services appointment. (No, I not have to be there). It's 50 bucks for that service.

Then she signed a W-7 and the 1040 .

Then she signed a letter to the IRS, stating that the two of us ELECT to have her treated as a resident alien for tax purposes.

She then shipped off all to me via fast post.

I got it, signed the 1040 and the letter, shipped off all to the special W-7 intake address in Austin TX.

No hitches, what so ever.

This takes time, though. Nothing instant, as this stuff all contains original signatures.

--

to mimic what we did - you'll need your wife to get into the US Embassy at HCMC on an ACS appointment, then follow through with the rest of this stuff.

Good Luck !

[JRF 117]

My wife lives in HCMC and we are going thru the same process - go to the Consulate, pay a $50 fee and obtain a certified copy. Darnell thanks for the reminders about the W-7 and 1040. I am used to filing electronically but this year (because of the need to obtain an ITIN for her) I'll have to create everything electronically and file all of the paper - I need to remember to get her wet signature on the forms. So much for paperwork reduction...

[tomvan 2]

Thank you all for your responds.

[AKSinghSingh79 143]

Very informative topic!

My husband does not need an ITIN since he already has a valid SSN from working in the US previously. What documents will we need to show? I'm assuming our marriage certificate? And does that need to be a certified copy?

Thanks!

[speedwell 224]

Very informative topic!

My husband does not need an ITIN since he already has a valid SSN from working in the US previously. What documents will we need to show? I'm assuming our marriage certificate? And does that need to be a certified copy?

Thanks!

As far as I know, since he has a SSN you only need to make sure that he is named as your spouse and you put his SSN on the return. You should not need to file a marriage certificate to prove your marriage (I never did so when I was married before!). In fact I could not find any tax instructions whatsoever that require you to send a marriage certificate to prove any marriage, whether to a non-resident alien, green card holder, or US Citizen. You need only make certain that his tax filing does not contradict yours (i.e. he does not file single while you file married, for example).

I AM NOT A CPA OR TAX PROFESSIONAL

Edited February 3, 2013 by speedwell

[tomvan 2]

Hi All,

Are Duplicates the same (as legal as) as Originals?

(Example: Birth cert. & Marriage Cert. ect..)

Any body knows? Thank you.

[tomvan 2]

Hi All,

Are Duplicates the same (as legal as) as Originals?

(Example: Birth cert. & Marriage Cert. ect..)

Any body knows? Thank you.

[bsd058 296]

Hi All,

Are Duplicates the same (as legal as) as Originals?

(Example: Birth cert. & Marriage Cert. ect..)

Any body knows? Thank you.

No, an original is not the same thing as a duplicate.

However, if you're asking if they accomplish the same purpose, it depends on which stage you are at in the visa process.

[dm559 34]

Just a plain photocopy is not the same as the original and wont be accepted. Now if you get a copy from the clerk for marriage or birth and it has the state seal then yes, it is just as valid and legal as the original. They are also known as certified copies.

[Penguin_ie 5,993]

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