Hi

I need some advice reg ITIN and W7. I'm a foreign guy. Got married last year outside US. My wife lived with me a few months last yr 2006 and till APR 07. Our tax return got rejected because we did not notarize the documents. Now she is not in the US. And we had some marital problems and I do not have her original documents to get them notarized. She is not cooperating with me regarding this issue. Is there a solution to this problem? I only have copies of our marriage certificate from abroad. And have copies of her H4 visa. Please advise.

Thanks in advance.

Kris.

Kris:

If your wife is not coopertaing, then you have a problem.

Without her coopertaion, you cannot file jointly with her.

You should file as a non-resident alien using Form 1040NR or 1040NR-EZ until you get things resolved with your wife. You can always amend the return later.

Perhaps some diplomacy is called for, if you are due a refund, offer her a portion if she will mail you valid notarized copies of her documents. Living abroad she can get them notarized on a US military base or by a US consulate only. Or she could send you originals which you could send to the IRS to obtain ITIN's. Remember they must be one of the 13 documents excepted, you have to send two documents and one must be a photo id, or you can send just a passport, as it is a stand alone document.

ITIN-Savvy has made excellent points!