? asked in Business & FinanceTaxesUnited States · 1 decade ago

Questions regarding W-7 (ITIN Application) and 1040?

I got married this last year, and as my spouse is overseas and finishing up some graduate courses (not working) it saves us a bunch of money to file as MFJ.

Having read what I could find via internet searches and the abominable IRS documentation it seems to come down to needing to file the W-7 along with my 1040EZ (EZ still works right?) and including a letter stating that she wishes to be under us tax law for 2009, and a certified copy of her passport...

Now, the questions.

Line 6c of the W-7 says "Type of U.S. visa (if any), number, and expiration date". In her passport she has a tourist visa-5 year, multiple entry. Is that what they want there? Or is it other types of visa's they are looking for? I don't know what type it is-but I guess it should say (she has her passport overseas currently, I'm trying to figure out what to do).

Also, given all the issues regarding notarization/certification of copies of her passport presumably she could just send the passport to me and I could get certified copies made easily here in the US? (and then send it back-as she really can't afford to be without her passport for the whole time they are processing this...) I've read the entire bit about hague convention, and apostille's, and couldn't make heads or tails of it. Will Kinko's notary service work?

Also, she has to have signed both the letter and W-7 Is this letter functional?

To whom it may concern,

I, Name, a nonresident alien, choose to be treated as a U.S. resident for the entire 2009 tax year.

My spouse, Name, a US citizen, resided in the U.S. for the 2009 tax year. Please see our enclosed 2009 Income Tax Return.

Signature

Name

Address Abroad

ID Number: Please see attached W-7

Signature

Name

Address-US

SSN

Also, on the 1040-where it asks for her SSN-what do I put?

Anyways, she should fill out the W-7 and letter and sign them, then send them here so I can sign, put them in with the 1040EZ, along with notarized copies of her passport.

I'm just a bit nervous about all this, as it's the first time I've had to do more than fill out the forms from one of the online tax filing services. And I really don't want to screw up, as getting documents back and forth across the pacific is a hassle, and I don't want to be stuck with fees, or delays-as the money could pay some school bills right now...

Any/All advice is much appreciated.

Update:

@LiberalAssKicker

We were married in the US.

My spouse is NOT a US citizen, and has no intention of becoming one anytime in the near future-I'm looking to move overseas soon myself actually, so no point worrying about that paperwork.

Presumably though, it seems that with everything I've mentioned this should go through OK?

Update 2:

I'll make sure to send in a marriage certificate as well, thanks for mentioning that.

5 Answers

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  • Anonymous
    1 decade ago
    Favorite Answer

    TRO is making things up as usual.

    You *can* file 1040EZ or 1040A or 1040. Remember to include worldwide income. In the SSN box leave it blank. You will mail EVERYTHING to the ITIN unit. (This cannot be efiled.) When they are done, they will fill in the number.

    You need a letter signed by your spouse that states she *agrees* to be taxed as resident. This is covered in IRS pub 519 on page 10.

    You need the W-7, signed by spouse.

    You need the notarized copies of documentation.

    If you do not want to go the Hague route (if you are a Hague convention country), the only option is to pay big buck to express mail the passport and you make copies at Kinko's--I've used them for notary service. (They charged me $6. I now go to my bank which does it for free because I have a huge account there.)

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  • 3 years ago

    before you compound this: a million. What submitting status did you take advantage of? once you've been married, you may want to not document as unmarried, so are you amending from MFS to MFJ or MFS to easily claiming her exemption? (in case you probably did document as unmarried, comprise a replica of the marriage certificate with the W-7 applciation.) 2. the position precisely is your spouse residing? at the same time as there is not any residency requirement for spouses, is she residing contained in the overseas united states of america or the following? If she's the following, she might want to particularly be a resident alien even with the actuality that if she doesn't have a visa or a eco-friendly card. at the same time as an major different is overseas, signing the workplace artwork is a hardship. Did she provide you a POA so that you'll be able to call the IRS to analyze the status of processing? 3. Did your spouse have any income? An MFJ go back calls for international wide income. An MFS go back merely claiming her exemption calls for that she have $0 US-source income.

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  • tro
    Lv 7
    1 decade ago

    the 1040EZ is for single taxpayers

    where is she residing? has she had a substantial presence test in the US(at least 31 days in the US during a calendar year, and 183 in the current and two preceding calendar years)

    she can go to the embassy where she is and have a lot of the paperwork documented for her that has to be done

    a second way than the substantial presence test is the alien may elect resident status if married to a US citizen or resident at the end of the tax year, the election can be made in order to file a joint return(Code sec. 6013(g) and (h). The taxpayer may be either a resident or nonresident alien at the end of the tax year for the election to be made, however both spouses much join in the election and it is effective for the entire tax year and all subsequent tax years for FIT and withholding purpose unless jointly revoked by the couple or terminated(other reasons)or by IRS for failing to keep adequate records, once terminated election cannot be made again by this couple--this is paraphrased from the CCH reference to this circumstance

    since she is likely not able to get a SS# the only number that can apply in that space is the ITIN #

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  • Anonymous
    1 decade ago

    Why do you need an ITIN for your spouse? Are they not a US citizen?

    The first issue you have to resolve is:

    --are you married?

    This is determined by the country you married in. If the US, and you have a marriage license from a US gov authority, then you're fine. If you were married outside the US, then you're still single, and you can't file married joint at all.

    As for your other questions, if you get certified copies of both the passport info and the VISA stamp, the IRS can correct any mistakes you make on the form.

    The reason for all the hubbub is that you can't claim a non-resident alien EVER unless you're military or they're from Canada or Mexico. But you get around that by being married in the US. So when you send in your form, it wouldn't hurt you to send a copy of whatever marriage docs you have to prove your legal status.

    (I had to marry my wife twice. The first was in the Philippines, where we received legal status in that country. The moment I landed in the US with her, we were both single again, and I had to marry her here, as well. Her first social security card was in her maiden name as a single woman, despite our being married 2 weeks earlier. That's why we fixed it.)

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  • 4 years ago

    whats the status of my application and alloted time passed already

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