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How to obtain ITIN number via W7 form?

#1 muddybot

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Posted 25 January 2013 - 04:27 PM

I am the USC, and my wife is in China. In order to obtain an ITIN number for her so I can file my taxes, I need to complete the W7 form for her. From the instructions of the w7 form, I need to submit the w7 form along with documents to prove her foreign status and her identity. Her Chinese passport will be suffice for that. However, since her interview is next month, I don't want her to mail me her passport. I am thinking of asking her to send me her birth certificate to prove her foreign status and her Chinese driver's license to prove her identity. My question is do I need to get her original birth certificate and driver's license or do I need her to get me the certified copies of those? If certified copies are needed, do they need to get translated?
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#2 Shiobhan

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Posted 25 January 2013 - 04:44 PM

Get them translated and fax to you
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#3 Darnell

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Posted 25 January 2013 - 05:16 PM

for the new ID guidelines in the W-7 -

is best to get into a US Embassy / Consulate in China during an ACS appointment,
bringing a photocopy of the passport and the passport
and have the Vice Consul notarize it.

From China, anything else? IRS won't accept it.

My wife went to USConsulate in Chengdu on an ACS appointment -
notary services are 50 bucks there (and every other US Consulate in China)

so, she signed the w-7, the 1040, the letter informing the IRS that we both ELECTED for her to be treated as a resident non-alien for tax purposes, and sent all on to me.

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

I know of no other way to get an ITIN, save for filing of a tax return.

Good Luck !
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#4 spn1025

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Posted 25 January 2013 - 10:37 PM

ah #######... the W7 has to be signed by the foreign spouse also? Screw it.. I'm just gonna file extension, since i'm sure she'll be here by April or May.
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#5 louati13

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Posted 27 January 2013 - 12:12 PM

I'm really confused about how to go about doing this- they certainly don't make it easy.

My husband is a Tunisian national, but born in France, and he currently resides there. On the W7, his birthplace is listed as France, but his passport is from Tunisia. Since they need "certified" forms, should he take his passport to the Tunisian consulate to get a notarized photocopy? Also, will he need to submit his birth certificate as proof of him being born in France (instead of Tunisia)? Or will just a passport suffice?

Also, it says he needs to send a copy of the 1040 along with the W7, but I haven't filed it yet (I always do it online) because I don't have his ITIN number, so it is really necessary to send that? Should I just fill everything out and leave blank his information?

On the W7, all I have to do is put my name and SSN. I don't need to send in proof of US citizenship, correct?

Anyone who has already gone through this, please help! Thanks!

Edited by louati13, 27 January 2013 - 12:15 PM.

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#6 Darnell

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Posted 28 January 2013 - 04:13 PM

if you wish to file mfj - and this is the first yer that yer doing it - and you want an ITIN for yer spouse -
note that it will all be a paper submittal into IRS. If your spouse has income overseas, don't forget F2555 or F2555EZ.

The best ID set for your spouse will be the notarized copy from the US Embassy . He can set up an appointment online, and get it done, bringing 50 bucks or local equivalent. The Thing that is important, is to have the proper ID copy set on yer spouse. That requirement changed recently.

Reread post #3 for 'what you need'.

and good luck !

Edited by Darnell, 28 January 2013 - 04:13 PM.

  • 0

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly !  Want NVC Info? see http://www.visajourn...php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

2mzcunl.gif


#7 CPBDDO

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Posted 28 January 2013 - 04:44 PM

Darnell is correct. Keep in mind the "copy" must be the original copy with a stamp, not a fax or scanned version of it. It must have the original stamp. This does not need to be done at the embassy, it can be stamped by the issuing authority as well. A 3rd party notary is not sufficient. That is part of the updated requirement he mentioned.
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#8 louati13

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Posted 28 January 2013 - 05:49 PM

I am doing married filing separately does he still need to do US taxes for his foreign income even if he isnt a USC yet?

He can get a certified photo copy of his passport at the Tunisian Embassy with a stamp, no problem. Is that all he needs for proof of citizenship? Their website doesnt specify how many proofs are necessary.

Also, I still dont understand about the 1040 of whether or not it is necessary? I know that I cant submit online for the first year with an ITIN, but why do they need an uncompleted 1040 from me to issue an ITIN?

I would send him to do this in person, but the closest US Embassy is in Paris about 8 hours away from where he lives, so that is not an option. Thanks!
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#9 Darnell

Darnell

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Posted 28 January 2013 - 07:46 PM

sorry, to get an ITIN, one files a tax return. I know of no other way to obtain an ITIN.

Are you looking to file a tax return, or get an ITIN, or both ?
  • 0

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly !  Want NVC Info? see http://www.visajourn...php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

2mzcunl.gif


#10 louati13

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Posted 28 January 2013 - 07:54 PM

sorry, to get an ITIN, one files a tax return. I know of no other way to obtain an ITIN.

Are you looking to file a tax return, or get an ITIN, or both ?


That clears it up! Does this mean he can use my 1040 as proof, and do married filed jointly, even though he had no US income? or do we need to do his foreign income separately? Sorry, I have no idea when it comes to taxes...!

Edited by louati13, 28 January 2013 - 07:58 PM.

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#11 CPBDDO

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Posted 29 January 2013 - 05:13 PM

Lou, your husband is not required to file taxes or report income earned outside the US until he either becomes a US citizen or "resides" in the US. Since he does not have a green card yet, he's not eligible for a SSN and would need an ITIN. But unless you want to file jointly and include his income on your tax return, you have NO reason to get him an ITIN. So your choices are obtain an ITIN and file MFJ and include his income or don't include his income and file MFS. Its unknown to us which gives you a better result but its likely MFJ will unless he made a lot of money.

I don't know what Darnell means by filing a tax return to get an ITIN. You file a W-7 to get an ITIN and that's the only way I know of to obtain one.

Edited by CPBDDO, 29 January 2013 - 05:21 PM.

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#12 CPBDDO

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Posted 29 January 2013 - 05:32 PM

I tried to edit my post but it error-ed on me. Anyways, I've heard of people filing MFJ and sending in a paper return with NRA written in place of the ITIN and it usually worked. Its worth a shot if you can't get the ITIN. Keep in mind his earnings under $95,100 should be excluded from your income on Form 2555. Good luck!
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#13 louati13

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Posted 29 January 2013 - 09:29 PM

Lou, your husband is not required to file taxes or report income earned outside the US until he either becomes a US citizen or "resides" in the US. Since he does not have a green card yet, he's not eligible for a SSN and would need an ITIN. But unless you want to file jointly and include his income on your tax return, you have NO reason to get him an ITIN. So your choices are obtain an ITIN and file MFJ and include his income or don't include his income and file MFS. Its unknown to us which gives you a better result but its likely MFJ will unless he made a lot of money.

I don't know what Darnell means by filing a tax return to get an ITIN. You file a W-7 to get an ITIN and that's the only way I know of to obtain one.


Thank you. Actually, I wanted to do MFS, but I wasn't able to complete it without putting down a SSN of my spouse, which is why I thought I needed to get an ITIN for him. I file my taxes online, so I can't proceed until I enter in my husband's information. Should I just fill the form out by hand and leave his information excluded? Then I risk not having the 1040 accepted. I think I will just call the IRS tomorrow because now I am confused as to whether or not I even need to get him an ITIN in the first place!
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#14 Darnell

Darnell

    Wuhan Rocks !



Posted 30 January 2013 - 04:06 PM

I don't know what Darnell means by filing a tax return to get an ITIN. You file a W-7 to get an ITIN and that's the only way I know of to obtain one.

Sorry, I know of NO WAY to get an ITIN unless the W-7 is filed WITH the 1040, all sent to the special ITIN intake address in Austin, TX
  • 0

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly !  Want NVC Info? see http://www.visajourn...php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

2mzcunl.gif


#15 CPBDDO

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Posted 30 January 2013 - 05:29 PM

Thank you. Actually, I wanted to do MFS, but I wasn't able to complete it without putting down a SSN of my spouse, which is why I thought I needed to get an ITIN for him. I file my taxes online, so I can't proceed until I enter in my husband's information. Should I just fill the form out by hand and leave his information excluded? Then I risk not having the 1040 accepted. I think I will just call the IRS tomorrow because now I am confused as to whether or not I even need to get him an ITIN in the first place!


You do NOT need an ITIN to file your return. NRA (non resident alien) is a valid field in your spouse's SSN on the 1040. In the paper filing days we wrote "NRA" in that field. My tax program has me put all 6's in the field now to get "NRA" but I don't know exactly how it gets translated to the IRS in the electronic file. - Cir 230 Disclaimer: I'm not your CPA, you cannot rely on my advice, always seek your own adviser, yadda yadda etc.
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