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Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 28094
Experience:  Taxes, Immigration, Labor Relations
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I am in the military and Married to a Korean. I just want

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I am in the military and Married to a Korean. I just want to get an ITIN for her so we can get a joint bank account and I file married filing jointly. What identification documents do I need to include with the W-7 and do they have to be notarized or such. Also what tax return do I have to give them. I was married in Jan 2013?

Lev :

Hi and welcome to Just Answer!
First of all - her ITIN application (W7) must include the original documents, or certified copies of these documents from the issuing agency, that support the information provided on the Form W-7.
You may not use notarized copies.

Lev :

You can submit copies of original documents if you do any of the following.
--Have the copies certified by the issuing agency.
--Have the officers at U.S. Embassies and Consulates overseas provide certification and authentication services. Contact the Consular Section, American Citizens Services of the U.S. embassy or consulate in advance to determine the hours of operation for these services.

Lev :

According to instructions - Original documents you submit will be returned to you at the mailing address shown on your Form W-7. You do not need to provide a return envelope. Applicants are permitted to include a prepaid Express Mail or courier envelope for faster return delivery of their documents. The IRS will then return the documents in the envelope provided by the applicant.

Customer:

what tax return do I use

Lev :

You may file a joint tax return with your spouse. In this case - you will file form 1040.
You may send the tax return as an attachment to her W7 - so no need to wait when the ITIN would be issued.

Customer:

I mean when I send the W-7 the irs I need to include a tax return but we were not married in 2012 so what one do I need to give them to get the itin

Lev :

If your spouse come to the US with a green card - she may get SSN - and does not need to apply for ITIN. But as long as she is abroad - ITIN would be needed.

Lev :

You are NOT required to include a tax return with W7 application - that is an option - but not a requirement.

Customer:

when I submit the W-7 with id(certified passport copy) the irs says I need to include a tax return is that correct?_

Lev :

You only need to include the tax return - if you are filing a joint tax return as an attachment to your W7 application. Otherwise - no need to include your tax return. You are NOT required to include a tax return with W7 application - that is an option - but not a requirement.

Customer:

So i can get a itin with the W-7 and id?

Lev :

That is correct - your spouse may apply for ITIN while abroad and later you may use this ITIN to file a joint tax return.

Lev :

On the W7 application - she would need to select a reason "e" - Spouse of U.S. citizen/resident alien.

Customer:

Sorry if I sound confused so they will give me an itin without a tax return because they understand that I will need the itin to file future taxes?

Lev :

The IRS will issue ITIN to your spouse because she is a spouse of U.S. citizen - that is a valid reason - and that you may select on W7. How you will use that ITIN in future - that is a separate issue. You may use it to open a joint bank account, to file a joint tax return, etc.

Lev :

If you take a look at W7 - that choice is under "e" in the list of reasons you are submitting Form W-7.

Customer:

one last question I found this



  • child">Military spouses and military dependents without an SSN who need an ITIN (Military spouses use box "e" on Form W-7 and dependents use box "d"). Exceptions to the new document standards will be made for military family members satisfying the documentation requirements by providing a copy of the spouse or parent's U.S. military identification, or applying from an overseas APO/FPO address.

Customer:

So I guess that my id is all she needs to include as id?

Lev :

That is correct. As you already know - the IRS has new ITIN Application Requirement but some categories of applicants are not impacted - these include military spouses.
Here is a reference - http://www.irs.gov/uac/IRS-Implements-Changes-to-ITIN-Application-Requirement

Customer:

Sir I really appreciate your help and you have answered everything I could think of.

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