PBH / colombia (travelguide, pictures) / post

Proof of Marriage

Following the advice of the Gringos.com forum I obtained a passport for my wife that I married in November, 2007 in San Andres to show proof of marriage for Federal tax purposes.

I just received notice from the IRS that I did not submit the proper documentation to obtain an Individual Taxpayer Number for her.

When I called the IRS I was told that a notarized and apostilled copy of her passport was unacceptable because Colombia is not a member of the Hague Convention that accepts these documents.

I did a little research on the Internet and it appears that Colombia is not a member of this convention, but is a signatory since 2001 to acceptance of apostilled documents.

Does anyone have any experience with difficulties of the US government accepting apostilled documents from Colombia?

By pcampbellcali on Jun 13, 2008, 18:28 in Visa & paperwork. AddThis Social Bookmark Button


Joel y Luza says on Jun 13, 2008, 19:35:

No but I also need this answer by april 15 2009 :)

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Gator says on Jun 13, 2008, 19:40:

Submit a notarized (Colombian Notary) copy of the marriage certificate. Colombia is a signatory to the Hague Convention concerning apostilles. A document Apostille in Colombia is valid in the U.S. and vice versa.


If you DO need the apostille, cost around $20.000 pesos, it can be obtained from:

Ministerio de Relaciones Exteriores
Oficina de Legalizaciones
Doctor Carlos Guillermo DIAZ BUITRAGO
Transversal 17A, NO. 9-45
Santafe de Bogota, Colombia
tel: (1) 525-1862, 525-1860, 522-3697

I would also call the closet Colombian Consulate to see if they can help but I think the authentication must come from MRE, Bogotá. We never had any problem using the copy of our marriage registration from the notary in Cali-abet the the last time we needed to use it was some years ago.

"Credidi pretio parvo emere et magno vendere tibi in animo fuisse!" .

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calipro says on Jun 13, 2008, 21:11:

I solved the problem by taking my colombian wife's passport with me back to the states. This may not be the most legal way of doing it.

My tax preparer was certified to authenticate foreign documents by the IRS. He simply looked at my wife's colombian passport and signed an authorization to get my wife a TIN.

One other thing, you can't even request a TIN untill you file your joint return. That is a request for the TIN must be accompanied by a joint return filed with the IRS.

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ColombianoGringo says on Jun 13, 2008, 21:18:

pcampbellcali,

I'm in the same situation, but I simply chose to file an extension and file when my wife gets here. You have until October 15th. Depending on your projected visa timeline, you might want to file as single or married filing separately for now and then file an amended return as married filing jointly when she gets here.

Once she is in the US, any public notary can take care of this for you.

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Medellin VIP Hotel says on Jun 14, 2008, 05:08:

Great info, thanks!

www.medellinviphotel.com & www.rentapartmentsmedellin.com & www.medellintravelersguide.com coming in July

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pcampbellcali says on Jun 14, 2008, 06:05:

Thanks, guys for the responses.

However, my situation is a little bit different because I do not intend to return to the States and am not applying now for a visa for the wife.

I have sent a message to the Bogota embassy to find out why the IRS is being so stubborn. The webpage on the Embassy site says that there should be no problem.

http://bogota.usembassy.gov/apostille.html

It looks as if I am caught up in some low level bureaucratic SNAFU.

The bad news is that if I do not respond within 45 days of the rejection letter the IRS will disallow my joint filing status and recalculate the taxes as an individual taxpayer.

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Gator says on Jun 14, 2008, 07:29:

An original, or a certified or notarized copy, of an UNEXPIRED passport is the only document that is accepted for both identity and foreign status. This MUST be done through the US Embassy, Bogotá. If you have to go to Bogotá you can get an apostille at MRE up by Parque 93

If you do not have a passport, you can/must provide a combination of current documents that contain expiration dates - IRS accepts docs issued within 12 months of the application if no expiration date is normally available. The documents must also show name and photograph, and support your claim of foreign status.

IRS will accept certified or notarized copies of a combination (two or more) of the following documents, in lieu of a passport:

National identification card (must show photo, name, current address, date of birth, and expiration date) In Colombia's case the Cédula

Civil birth certificate

Foreign driver's license

I would also submit a notarized copy of the Colombian marriage certificate.

Apostille in Colombia:

The format of the apostille of Colombia is a sticker, which is fixed manually to the document.
On a document consisting of several pages, the apostille is issued on the page which
bears the signature to be legalized, which generally can be found on the first or last page
of the document. In the case of documents in which each and every page has been
signed, the apostille is fixed to the last page. On the apostille itself the number of pages
of which the document consists, is specified.

"Credidi pretio parvo emere et magno vendere tibi in animo fuisse!" .

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