Jump to content
CrimsonKing

ITIN and W7 documentation and filing questions

 Share

6 posts in this topic

Recommended Posts

I got married this past November. My wife lives in England and I will be filing Married Filing Jointly, treating my nonresident alien wife as a resident alien according to IRS rules.

We will need to submit a W7 to obtain an ITIN. I understand that I will need to paper file my 1040 and attach the W7 ITIN application to the tax return, and also include a letter signed by the both of us declaring that she is a nonresident alien choosing to be treated as a resident. Is that correct? I include all three of these (tax return, W7, and signed letter) in the same package?

I also have a question about supporting documentation for the W7. It sounds like notarized copies of documents are not acceptable. Does this mean we would need to send, for example, her actual passport (which counts as two documents) or her actual original driver's license plus birth certificate? Is there such a thing as a certified copy of a driver's license? It seems onerous to require her to mail her passport or driver's license to the IRS. What do other people do?

Link to comment
Share on other sites

Thanks. Do you have any more info about that? The W7 instructions say the certified copy must be issued by the original agency. Does the UK passport agency issue certified copies?

Link to comment
Share on other sites

We just sent original drivers license and birth certificate. Got them back in about a month. So not an option for everyone to be without their license.

2013/05/03 Married

2013 CFO seminar to change name

2013 Passport issued in married name

USCIS

2015/06/27 Sent I-130

2015/06/29 Priority Date

2015/0701 NOA1

2015/08/05 NOA2

NVC

2015/08/17 Package received at NVC

2015/08/26 Received DS-261/AOS bill

2015/08/29 Sent AOS/IV

2015/08/31 AOS/IV scan date

2015/09/01 DS-260 submitted

2015/09/21 3 n/a (CC)

2015/09/28 Receive confirmation email of CC waiting interview date

2015/10/01 Interview date scheduled (P4)

Manila Embassy

2015/10/12 SLEC Medical, required to get doctor certificate and return the 30th.

2015/10/19 Went to hospital to get the doctors certificate for SLEC

2015/10/30 Appointment with doctor at SLEC for evaluation

2015/11/03 Completed medical

2015/11/05 Interview scheduled - APPROVED

2015/11/06 CEAC changed to issued

2015/11/11 Passport and visa delivered

2015/11/12 Passport stamped at CFO

Link to comment
Share on other sites

Filed: K-1 Visa Country: Mexico
Timeline

I got married this past November. My wife lives in England and I will be filing Married Filing Jointly, treating my nonresident alien wife as a resident alien according to IRS rules.

We will need to submit a W7 to obtain an ITIN. I understand that I will need to paper file my 1040 and attach the W7 ITIN application to the tax return, and also include a letter signed by the both of us declaring that she is a nonresident alien choosing to be treated as a resident. Is that correct? I include all three of these (tax return, W7, and signed letter) in the same package?

I also have a question about supporting documentation for the W7. It sounds like notarized copies of documents are not acceptable. Does this mean we would need to send, for example, her actual passport (which counts as two documents) or her actual original driver's license plus birth certificate? Is there such a thing as a certified copy of a driver's license? It seems onerous to require her to mail her passport or driver's license to the IRS. What do other people do?

I believe she can try going to the embassy in the UK and get a certified/notarized copy of the passport.

Maria ~ U.S. Citizen

 

K-1 & K-2 Process (Completed in 4 mos. 8 days)

 

1/19/16: I-129F Package recv'd by USCIS via FedEx overnight

4/1/16: NOA2 Approval :dancing:

5/17/16: Interview :star: - APPROVED :dance:

5/25/16 Visas in hand! :thumbs: 

Aug 2016: Wedding (L)

AOS/EAD/AP Process, K-1 & K-2 (Completed in 4 mos. 15 days)

 

9/21/16: Package recv'd by USCIS via FedEx overnight [Day 1]

10/24/16: AOS Cases (I-864) RFIE recv'd hardcopy [Day 29]

12/23/16: AOS Case Status Updates - Interview Scheduled, text recv'd [Day 94] :dancing:

1/17/17: EAD/AP Combo Card recv'd via USPS Priority Mail [Day 119]

1/27/17: AOS Interview :star: - APPROVED!! :dance:  [Day 129 / 120 w/ 9day RFIE delay]

1/27/17: AOS Case status update - Approved | 1/31/17: New Card in Production | 2/1/17: Card Was Mailed

2/4/17: Green Cards Arrived :thumbs:

ROC Process, Spouse & 2 Step-Sons (Completed in 23 mos. 22 days)

 

1/25/19: Package recv'd by USCIS via FedEx overnight [Day 1]

1/29/19: NOA notice date, text & email recv'd, routed to CSC

2/1/19: NOA 18mo. Extension Letter arrived in the mail, for wife only [Day 7]

3/13/19: Filed SR for non-receipt of NOA for I-751A dependents [Day 48] | 3/21/19: Recv'd NOA for 2 stepsons [Day 56]

4/29/19: Biometrics (Scheduled) Appt Completed [Day 95]

8/28/20: Case Status Update - RFE [Day 582 ~ 19 mos. 4 days] | 11/20/20: Case Status Update - RFE response recv'd [Day 666 ~ 21 mos. 27 days]

1/7/21: Case Status Update - New Card in Production :dance: [Day 714 ~ 23 mos. 14 days] 

1/15/21: Green Cards Arrived :thumbs:[Day 722 ~ 23 mos. 22 days]

Naturalization Process for Spouse - in research stage (Completed in X mos. X days)

 

8/7/24: started research and prep for upcoming filing of N-400 Online

TBD: Filed N-400 Online

 :)

Link to comment
Share on other sites

I got married this past November. My wife lives in England and I will be filing Married Filing Jointly, treating my nonresident alien wife as a resident alien according to IRS rules.

We will need to submit a W7 to obtain an ITIN. I understand that I will need to paper file my 1040 and attach the W7 ITIN application to the tax return, and also include a letter signed by the both of us declaring that she is a nonresident alien choosing to be treated as a resident. Is that correct? I include all three of these (tax return, W7, and signed letter) in the same package?

I also have a question about supporting documentation for the W7. It sounds like notarized copies of documents are not acceptable. Does this mean we would need to send, for example, her actual passport (which counts as two documents) or her actual original driver's license plus birth certificate? Is there such a thing as a certified copy of a driver's license? It seems onerous to require her to mail her passport or driver's license to the IRS. What do other people do?

Yes it seems onerous to mail her passport to you so you can mail it with all you mentioned to Austin, TX. That's why it isn't that simple to get an ITIN for a foreigner. I do personally know of one Brit who did it like that with no problem because I did his tax return for him.

Alternatively, she can present her passport to a certified acceptance agent who can certify a photocopy for you to submit. This is the IRS list for the UK https://www.irs.gov/Individuals/Acceptance-Agents--United-Kingdom

I don't know anybody who has used any of these, but you can call and ask what they charge.

I vaguely recall that the Embassy in London does not, as some people from other countries will say that's what they did. And trying to get anything from the UK passport office didn't seem to work out. It's been a long time and I can't remember details now.

Also the big accounting firms with international offices are acceptance agents. List on this page. https://www.irs.gov/Individuals/Acceptance-Agent-Program

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...