MFJ while spouse overseas - signature?

[Quarknase 1,072]

Hi All,

 

We’re waiting for I-130 approval for my spouse and are planning to apply for his ITIN to file joined taxes.

We have my husbands signed w7 and a copy of his passport certified by the issuing agency with certified translation of the certification letter and stamped by the ministry of foreign affairs (such an act for one copy lol).

 

now I am wondering - can I file the taxes without his wet signature on any of the forms (except w7)?

 

[slp 30]

In a similar boat.

 

As far as I am aware:

• The tax return will need wet signature from both spouses.
• The W-7 will need a wet signature from the spouse.
• A statement indicating the election to treat the nonresident alien as a US resident for the tax year will need wet signatures from both spouses.

 

Good luck

 

References:

https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse

https://www.cpajournal.com/2018/05/30/what-to-do-when-one-spouse-doesnt-sign-the-return/

Edited January 14, 2020 by slp

[A.R 0]

On 1/14/2020 at 1:00 PM, slp said:

In a similar boat.

 

As far as I am aware:

• The tax return will need wet signature from both spouses.
• The W-7 will need a wet signature from the spouse.
• A statement indicating the election to treat the nonresident alien as a US resident for the tax year will need wet signatures from both spouses.

 

Good luck

 

References:

https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse

https://www.cpajournal.com/2018/05/30/what-to-do-when-one-spouse-doesnt-sign-the-return/

I am just in the process of learning this too

 

Do you think is it gonna work if the overseas spouse got a copy  of the document, sign it and then scan and send it back to so that  the US spouse can sing too?! 

[slp 30]

I highly recommend going full-effort and getting "wet" signatures on these documents. We were successful getting our ITIN and refund, but that doesn't make me an expert 😜

 

Perhaps look into ITIN Acceptance Agents near your overseas spouse?

[Quarknase 1,072]

On 1/6/2021 at 1:50 PM, A.R said:

I am just in the process of learning this too

 

Do you think is it gonna work if the overseas spouse got a copy  of the document, sign it and then scan and send it back to so that  the US spouse can sing too?! 

Funny enough we did this for the actual return (and it worked), but for the statement we had wet signatures of both.

[sarabou17 36]

On 1/14/2020 at 6:07 AM, Quarknase said:

Hi All,

 

We’re waiting for I-130 approval for my spouse and are planning to apply for his ITIN to file joined taxes.

We have my husbands signed w7 and a copy of his passport certified by the issuing agency with certified translation of the certification letter and stamped by the ministry of foreign affairs (such an act for one copy lol).

 

now I am wondering - can I file the taxes without his wet signature on any of the forms (except w7)?

 

I'm trying to file MFJ with overseas spouse for the first time too.  From my understanding, you can sign the taxes for him only if you have Power of Attorney but the form to get power of attorney requires a wet signature also!  I think you can scan the tax forms and have him sign them and then mail the forms back to you.  I was wondering: when your husband got the certified copy of passport for the ITIN, in order to get them to you did he mail the copy to you or scan it and send it to you by email?  

Edited March 5, 2021 by sarabou17

[Quarknase 1,072]

7 hours ago, sarabou17 said:

I'm trying to file MFJ with overseas spouse for the first time too.  From my understanding, you can sign the taxes for him only if you have Power of Attorney but the form to get power of attorney requires a wet signature also!  I think you can scan the tax forms and have him sign them and then mail the forms back to you.  I was wondering: when your husband got the certified copy of passport for the ITIN, in order to get them to you did he mail the copy to you or scan it and send it to you by email?  

The logistics were never an issue because I was traveling to my husband at least every 3 months. I took the certified passport copy with me, along with the wet signature on all forms. The only thing where I used his scanned signature and my wet signature was the 1040, since we had an update just after I returned from travel. It was accepted by the IRS. I don't believe a scan of the certified passport copy will do it though.