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Lane
Lane, JD, CFP, MBA, CRPS
Category: Tax
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Experience:  Juris Doctorate, CFP and MBA, Providing Financial & Tax advice since 1986
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can an expired foreign passport serve as a valid id for an

Resolved Question:

can an expired foreign passport serve as a valid id for an out of status immigrant filing for an ITIN?
Submitted: 1 year ago.
Category: Tax
Expert:  Lane replied 1 year ago.

NPVAdvisor :

Hi,

NPVAdvisor :

From IRS:

NPVAdvisor :

The identity documents are needed to verify both your identity and your foreign status; one must include a recent photograph. If you submit an original valid passport (or a notarized or certified copy of a valid passport) you do not need to submit any other documents. If you do not submit a passport document, you must provide a combination of documents (at least two or more) that are current and that (1) verify your identity (that is, contain your name and a photograph), and (2) support your claim of foreign status.


 

NPVAdvisor :

In addition to a passport, examples of acceptable documentation include: national identification card (showing photo, name, current address, date of birth and expiration date); civil birth certificate; foreign driver's license; or visa. A complete list of acceptable documentation can be found in the Form W-7 Instructions. The documents must be originals or certified copies.

NPVAdvisor :

And from the instruction (hope this formatting transfers)

NPVAdvisor :

Supporting DocumentationCan be used to establish:Foreign statusIdentityPassport (the only stand-alone document)xxU.S. Citizenship and Immigration Services (USCIS) photo identificationxxVisa issued by U.S. Department of StatexxU.S. driver's license xU.S. military identification card xForeign driver's license xForeign military identification cardxxNational identification card (must be current and contain name, photograph, address, date of birth, and expiration date)xxU.S. state identification card xForeign voter's registration cardxxCivil birth certificatex*xMedical records (valid only for dependents under age 6)x*xSchool records (valid only for dependents under age 14 (under age 18 if a student))x*x* Can be used to establish foreign status only if they are foreign documents.

NPVAdvisor :

Nope, sorry, here's a link to the instruction that has the table showing what's acceptable

NPVAdvisor :

Go here: http://www.irs.gov/instructions/iw7/ch01.html#d0e232 and then scroll down about 1 full page

Customer:

I plan on marrying an out of status immigrant and will need an ItIN for her so I can file a joint return. I understand it will take about a year to get her Social Security eligibilty. She has no current ids. What can I do?

NPVAdvisor :

hang on just a sec, let me look at something ... be right back (hang with me)

NPVAdvisor :

Still looking, have seen SOME info re, a marriage license, while I'm verifying, can you obtain any of these?

NPVAdvisor :

















Civil birth certificatex*x
Medical records (valid only for dependents under age 6)x*x
School records (valid only for dependents under age 14 (under age 18 if a student))x*x
NPVAdvisor :

You might qualify for a drivers license if living in the following states: Hawaii or Washington. Although these states may not require you to provide proof of legal status, you may have to provide an SSN and/or attest to never having received one.

Customer:

perhaps her foreign birth certificate

NPVAdvisor :

Yes, that one does it -

NPVAdvisor :

Establishes BOTH foreign status and identity

NPVAdvisor :

Can be used to establish foreign status only if they are foreign documents.

NPVAdvisor :


  • Civil birth certificates—since civil birth certificates do not contain an expiration date, they are considered current at all times.



Customer:

I live in NY no drivers license. If the birth certificate counts dont I still need another document?

NPVAdvisor :

Yes, that's right

NPVAdvisor :
Proving your "foreign status" or “identity.” If you submit an original valid passport (or a certified copy from the issuing agency), you do not need to submit any other documents to prove your “foreign status” or “identity.” Otherwise, you must submit at least two of the documents listed in the chart below. The documents must be current*, verify your identity (that is, contain your name), and support your claim of foreign status. At least one document must contain your photograph, but a photograph is not required if documents are submitted for a dependent under age 14 (under age 18 if a student). Do not attach expired documents.

 



 

NPVAdvisor :

Here they are again

NPVAdvisor :






































































Passport (the only stand-alone document)xx
U.S. Citizenship and Immigration Services (USCIS) photo identificationxx
Visa issued by U.S. Department of Statexx
U.S. driver's license x
U.S. military identification card x
Foreign driver's license x
Foreign military identification cardxx
National identification card (must be current and contain name, photograph, address, date of birth, and expiration date)xx
U.S. state identification card x
Foreign voter's registration cardxx
Civil birth certificatex*x
Medical records (valid only for dependents under age 6)x*x
School records (valid only for dependents under age 14 (under age 18 if a student))x*x
* Can be used to establish foreign status only if they are foreign documents.
Customer:

she has been in the country nearly 8 years so has no current i d like a foreign drivers license,etc

NPVAdvisor :

This link is a list for what are called acceptance agents ... they may know of some special exception:

NPVAdvisor :

And this:

NPVAdvisor :

Where can I get help with my ITIN application?
You can call the IRS toll-free at 1-800-829-1040 for information and help in completing your Form W-7 and your tax return or to check on the status of your application six weeks after submitting Form W-7.

NPVAdvisor :

Also this: Assistance is also available at selected IRS Taxpayer Assistance Centers in the United States to provide in-person help with ITIN applications on a walk-in or appointment basis

NPVAdvisor :

And on the TAC page, I found this:

NPVAdvisor :

Effective January 31, 2013 Participating TAC locations will begin verifying passports and national ID cards for Individual Taxpayer Identification Number (ITIN) Applications, Form W-7, in person. For more detailed service information, see the Services Provided link under each TAC location below.

NPVAdvisor :

It looks like the most efficient route would be to go to one of the Taxpayer Assistance Centers

NPVAdvisor :

These are the ones in NY that participate in the In-Person document verification

NPVAdvisor :

New York


Bronx


Brooklyn


Bethpage (Garden City)


Hauppauge


New York- Broadway


New York- Midtown


New York- Harlem


Poughkeepsie


Rego Park/Queens/Corona


West Nyack


White Plains

Customer:

ok will try that. Thanks

Lane, JD, CFP, MBA, CRPS
Category: Tax
Satisfied Customers: 3718
Experience: Juris Doctorate, CFP and MBA, Providing Financial & Tax advice since 1986
Lane and 5 other Tax Specialists are ready to help you
Expert:  Lane replied 1 year ago.

Thanks John for the feedback,

I'm sending this in the event that you didn't see my last post,

You may be able to request a certified copy of documents at an embassy or consulate. However, services may vary between countries, so we recommend that you contact the appropriate consulate or embassy for specific information.

Thanks again,
Lane

If you'd like to work with ME again just say "For Lane only" at the beginning of your next question

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