Abroad spouse need an ITIN

[A.R 0]

I'm just wondering if I can get my wife an ITIN while being abroad. She has never been in the USA before and currently, in the middle of immigration process. I just  talked to IRS acceptance agent who told me that my wife can not get an ITIN since she is not currently in the USA. 

 

I don't know what is the right way to file taxes this year. I just wanted to get the benefit of being married " more deduction " if I file MFJ. 

 

I have seen other opinion to file separately and amend when she is here. if I do so when I amend 2020 tax return would I get refunded whatever amount that I would save if I file MFJ in the first place.

 

Your comments and feedback would be highly appreciated, thank you

[Kastrs 723]

Yes your wife could get an ITIN in normal times

there is form that needs to be completed to apply for the form, your wife would need to complete the form and then attend the US embassy to get the form notarized 

she would then mail the form to you, and you would need to file a paper return along with the itin application

she would also need to sign a statement to indicate that she would like to be treated as a resident alien for the tax year 2020

[payxibka 10,044]

2 hours ago, A.R said:

I'm just wondering if I can get my wife an ITIN while being abroad. She has never been in the USA before and currently, in the middle of immigration process. I just  talked to IRS acceptance agent who told me that my wife can not get an ITIN since she is not currently in the USA. 

 

I don't know what is the right way to file taxes this year. I just wanted to get the benefit of being married " more deduction " if I file MFJ. 

 

I have seen other opinion to file separately and amend when she is here. if I do so when I amend 2020 tax return would I get refunded whatever amount that I would save if I file MFJ in the first place.

 

Your comments and feedback would be highly appreciated, thank you

If an ITIN wasn't available then why does the IRS have acceptance agents located in foreign countries.   You received bad info.

[MedellinCOUS 24]

My wife has never entered the country even once for any reason.  I just got her ITIN a few months ago without any problems when I filed my 2019 tax returns.  In my case I submitted the application along with the form.  They mailed me the official document with her number on it.  Pretty simple.

[Ryan H 3,795]

Moved from IR-1/CR-1 Process & Procedures to Tax & Finances During US Immigration forum.

[A.R 0]

2 hours ago, MedellinCOUS said:

My wife has never entered the country even once for any reason.  I just got her ITIN a few months ago without any problems when I filed my 2019 tax returns.  In my case I submitted the application along with the form.  They mailed me the official document with her number on it.  Pretty simple.

Thank you so much for your answer.  I have heard so many opinions that  made me more confused.  

 

since you are the only one who give me clear and direct answer, I have couple more questions. Please bear with me 

 

please let me know what you sent in the package and how your wife signed the paperwork? 

 

when did you apply for her ITIN first time? was 2019 first tax return you filed jointly.? 

 

Since I have to paper file 2020 I'm just wondering how she can sign tax return "form 1040". does it have to be a wet signature? or maybe I can send her a scanned copy to sign and then she sends it back to me.

 

Thank you so much!!

 

 

[carmel34 3,532]

You are correct, everything needs to be sent on paper, with wet signatures, look up W-7 and do more research on how the process works, and the different options for submitting paperwork.  Some send in the foreign spouse's passport in the mail with the W-7 and 1040 paperwork.  There is also a way to get a certified copy of the foreign passport in some countries so the foreign spouse is not without a passport for weeks and weeks.  We used an certified acceptance agent in the UK when my husband and I were there on vacation, the agent came to Heathrow Airport, reviewed the W-7, looked at his passport, certified the W-7, and sent our MFJ 1040 with attached schedules that we had both signed to the IRS.  Some couples decide to file as married separately to avoid the hassles of the W-7, then file an amended tax return later with the foreign spouse's SSN, after US entry, to get the higher refund.  Good luck!

[A.R 0]

11 minutes ago, carmel34 said:

You are correct, everything needs to be sent on paper, with wet signatures, look up W-7 and do more research on how the process works, and the different options for submitting paperwork.  Some send in the foreign spouse's passport in the mail with the W-7 and 1040 paperwork.  There is also a way to get a certified copy of the foreign passport in some countries so the foreign spouse is not without a passport for weeks and weeks.  We used an certified acceptance agent in the UK when my husband and I were there on vacation, the agent came to Heathrow Airport, reviewed the W-7, looked at his passport, certified the W-7, and sent our MFJ 1040 with attached schedules that we had both signed to the IRS.  Some couples decide to file as married separately to avoid the hassles of the W-7, then file an amended tax return later with the foreign spouse's SSN, after US entry, to get the higher refund.  Good luck!

Thank you so much, I really do appreciate it

[MedellinCOUS 24]

On 1/8/2021 at 8:05 AM, A.R said:

Thank you so much, I really do appreciate it

In my case my wife went down to the local government office and received a certified copy of her passport in Medellin.  Then she signed the IRS forms I emailed her and sent everything via FedEx back here to the United States. I signed and then filed everything physically with the IRS (who knows when they will actually process my return, but I did get the letter with her ITIN which is a good sign I hope).  Also, I did get her certified passport copy translated by a certified translator (I remember somewhere in the instructions stating that everything must be translated). 

 

I emailed her the W-7, my 1040 joint tax return and a statement stating she is a nonresident alien but chooses to be treated as a US resident for tax purposes throughout the entire year.  

 

Yes, 2019 was the first time I filed jointly.  I think once you have the ITIN it is much easier.

 

Best of luck.

Edited January 13, 2021 by MedellinCOUS
add extra info

[HurtRN 50]

On 1/7/2021 at 10:29 PM, MedellinCOUS said:

My wife has never entered the country even once for any reason.  I just got her ITIN a few months ago without any problems when I filed my 2019 tax returns.  In my case I submitted the application along with the form.  They mailed me the official document with her number on it.  Pretty simple.

Did you have to send her Passport with the application or just a copy or picture of it?  I do not want to send the actual passport (maybe I am reading the instructions incorrectly) as we will need it when we get his interview.  If not, what supporting evidence did you send?

[Cali864 0]

11 minutes ago, HurtRN said:

Did you have to send her Passport with the application or just a copy or picture of it?  I do not want to send the actual passport (maybe I am reading the instructions incorrectly) as we will need it when we get his interview.  If not, what supporting evidence did you send?

For me, i had my wife send a certified copy of her passport from the issuing agency in Dominican Republic (usually the Ministry of foreign affairs). I sent that certified copy of passport for English translation from Spanish. I was not gonna send the original passport and risk it getting lost.
Then I added that with signed W-7 by her, original joint tax return 1040 jointly signed, original W2 copy B, jointly signed declaration statement to treat her as resident alien for tax purposes. I sent in to Austin, TX center in early March 2021 and ITIN arrived under 8 weeks surprisingly in early May 2021. Tax refund $$$ was received last week late June 2021. It is worth it and you can file state taxes if applicable afterwards for another $$$

[HurtRN 50]

On 7/3/2021 at 12:27 PM, Cali864 said:

For me, i had my wife send a certified copy of her passport from the issuing agency in Dominican Republic (usually the Ministry of foreign affairs). I sent that certified copy of passport for English translation from Spanish. I was not gonna send the original passport and risk it getting lost.
Then I added that with signed W-7 by her, original joint tax return 1040 jointly signed, original W2 copy B, jointly signed declaration statement to treat her as resident alien for tax purposes. I sent in to Austin, TX center in early March 2021 and ITIN arrived under 8 weeks surprisingly in early May 2021. Tax refund $$$ was received last week late June 2021. It is worth it and you can file state taxes if applicable afterwards for another $$$

Great thank you!  I think I can get him to get his passport certified when he goes to get  his birth certificate this week.  Yeah, I was not wanting to risk sending the actual passport or even his ID....thanks for your help!! 

[MedellinCOUS 24]

On 7/3/2021 at 9:53 AM, HurtRN said:

Did you have to send her Passport with the application or just a copy or picture of it?  I do not want to send the actual passport (maybe I am reading the instructions incorrectly) as we will need it when we get his interview.  If not, what supporting evidence did you send?

In my case my wife went down to the local government office and received a certified copy of her passport in Medellin.  Then she signed the IRS forms I emailed her and sent everything via FedEx back here to the United States. I signed and then filed everything physically with the IRS (who knows when they will actually process my return, but I did get the letter with her ITIN which is a good sign I hope).  Also, I did get her certified passport copy translated by a certified translator (I remember somewhere in the instructions stating that everything must be translated). 

 

I emailed her the W-7, my 1040 joint tax return and a statement stating she is a nonresident alien but chooses to be treated as a US resident for tax purposes throughout the entire year.