Taxpayer Identification Number

I have read the requirements of submitting the form W-7 to obtain a Taxpayer Identification Number (TIN) for my wife.

I was married to a Colombian citizen in November 2007. She does NOT have a Colombian passport.

Is there an accredited notary in the US Embassy in Bogota to document the marriage to a Colombian citizen for tax purposes? Do I need to request an appointment for this service? I do not intend to return to the US in the near future to utilize the services of a regular US notary.

Has anyone tried using an "apostile" to obtain a TIN in Colombia? If so, what is the procedure?

The directions for Form W-7 say that a National Identification Card (cedula) needs to have an address and expiration date (like a US driver´s license) but Colombian cedulas do not have this data. Is this a problem?

Hopefully, someone has done this before. Thanks for any help that someone may be able to provide.

By pcampbellcali on Mar 24, 17:57 in Visa & paperwork.

chrispej says on Mar 24, 19:27:

It's my understanding that if you were married in Colombia, it is not legal in the United States. Therefore, you cannot apply for a TIN for her. I'm assuming this because she has no passport.

Gator says on Mar 24, 19:59:

The marriage is recognized in the USA, all states. BUT the IRS reqirements are that she must be legally in the country which you indicate that she is not. Therefore you may not claim her, for tax purposes, as a resident alien. Since she does not have a passport you may use the cédula, birth certificate and your marriage certificate.Instead of attaching her original documents to Form W-7 request for aTIN she can attach "noterized copies" of these documents to Form W-7 accompanied by an apostille properly issued by MRE in Bogotá. This form must be filed with an IRS service center in the USA.

Remember, she MUST be considered to be a resident alian to be claimed for tax purposes

"Brevior Sltare Cum Deformibus Mulieribus Est Vita!" .

ColombianoGringo says on Mar 24, 21:01:

Does the foreign spouse need to have been a resident for the tax year in question(2007), or when the return is filed. I was also married to a Colombian citizen in 2007. Her K-3 petition was recently approved and we are waiting for NVC to forward the petition to the Bogota embassy.

Would we be able to file an amended return for 2007 when she is in country later this year? A few people on VisaJourney.com claim to have done exactly that. In fact, some stated that all they needed was the foreign spouse's passport. Is either scenario possible or just wishful thinking?

Thanks,
CG

guacharaca says on Mar 25, 09:04:

I think you are taking the scenic route for getting the TIN. Just get the darn passport. It easy and only takes a day. It is also good for many other purposes in the future. With the passport, you do not have all the other W7 documentation headaches. Try and see if the passport office will also issue a notorized copy of the information page at the same time. You will then send that copy in with your W7 application. In case you are curious, your spouse's passport number will be the same number as on her cedula.

Since you have read the W7 instructions, then you already know that you can deduct your foreign non-resident spouse on your income tax. But they do not tell you that it is your choice to do so.

Read "possibility #2" in the following link for clarification: http://www.aca.ch/brunaltx.htm

As for ColombianoGringo's question, if you were married on Dec 31, 2007 or before, you can claim her for the whole 2007 year. You do not need to do an amended return later. I would claim her on your initial return even if you do not have her TIN in hand. (they may temporarilly turn it down because of documentation reasons, but the law is on your side).

ColombianoGringo says on Mar 25, 09:19:

Thanks Gucharaca. We were planning to do just that. Coincidentally, she is picking up her passport today and was going to scan it and email it to me. Will a full color print of this be OK for IRS purposes or do I need something from a Notario? She won't be in country for a few more months and I need to file soon.

guacharaca says on Mar 25, 09:50:

I do not how IRS will react these days as compared to a few years ago when I just left the SSN space blank and they processed it on my word. Technically they say they want a TIN or a SSN. I say initially file a joint return, claim her as a deduction (leave the SSN space blank) and not give them any extra documentation to draw attention to itself. Only if they refuse it and send you the standard worded letter that gives you plenty of opportunity to respond would I give them more information. You are then giving a time frame (30 or 60 days) to disagree with their decision. You may, by that time, have the piece of paper in hand that proves that she applied for a SSN and maybe even her SSN. Send a copy of those in with your letter disagreeing with their decision. If she does not have those by that time, then send in a basic photocopy of her passport and a photocopy of the marriage certificate (no notarization require for this type of situation with IRS). I have pushed IRS on many grey areas and they tend to role on the first reply to their letter. However, this is not grey, the law is on your side so you will not lose a dime. You just have to keep replying to their letters and keep the matter open until you have the documentation to prove it. However, I do suspect that they will process the initial return without question.

ColombianoGringo says on Mar 25, 09:59:

They have actually become real sticklers for SSN lately. I know this because I mixed up my kids' SSNs one year and they immediately rejected my electronic return. I have no problem applying for the TIN. I just want to get a bigger return. Also, if I file as single, I won't even get the big $300 economic stimulus check because I am over the income limit for singles.

Robert Jorge says on Mar 25, 23:37:

Guacharaca makes sense to me.

pcampbellcali says on Mar 26, 04:55:

Guacharaca. Please explain how to "Just get the darn passport. It easy and only takes a day."

Can this only be done in Bogota?

Gator says on Mar 26, 08:44:

All departmeto capitols have passport issuing facilities. Unless you live in Bogotá I would go to your local departmento agency Cost I would figure about $75.000 - Always tyelephone first for requirements.-here is the list: Time wise Bogotá is fast, fast, I think Valle took less than a day.

Pasaportes Calle 100 COLOMBIA -Bogotá D.C-Bogotá Calle 100 Nº 17 - 25 Int 2 5 22 33 58, 5 22 33 95 5 22 36 38 Lunes a Viernes 8:00 am a 3:00 p.m. Ultimo día del hábil del mes 8:00 a.m a 12:00 m.

Pasaportes Centro Internacional COLOMBIA -Bogotá D.C-Bogotá Cra 13 Nº 27-00 Local 112-113 5 62 74 49, 5 62 74 57, 5 62 74 99 5 62 70 32 Lunes a Viernes 8:00 am a 3:00 p.m. Ultimo día del hábil del mes 8:00 a.m a 12:00 m.

Gobernación del Amazonas COLOMBIA -Amazonas-Leticia Calle 10 No. 11-77 Piso 2. 8-5927065 8-5927065 Lunes a Viernes de 7:30 A.M a 12:00 y 2:00 P.M. a 5:30

Gobernación de Antioquia COLOMBIA -Antioquia-Medellín Calle 42 B. No. 52-106 Piso. 1. La Alpujarra 4-2620874 4-2620874 Lunes a Viernes de 7:00 A.M. a 11:00 y de 1:00 P.M a 3:00.

Gobrnación del Arauca COLOMBIA -Arauca-Arauca Calle 20 con carrera 21 Centro
Administrativo Municipal. 7-8852150 7-8852150 Lunes a viernes de 9:00 A.M. a 12:00 y de 2:00P.M. a 5:00.

Gobrenación de San Andrés,Providencia y Santa Catalina. COLOMBIA -San Andrés, Providencia y Sta Catalina-San Andrés Avenida Francisco Newball No. 1-25 Piso 1. Edificio Coral Palace 8-5125713 8-5125713 Lunes a Viernes de 8:00 A.M a 12:00 y de 2:00P.M. a 6:00

Gobrenación del Atlantico COLOMBIA -Atlántico-Barranquilla Calle 40, Carrera 45 y 46 Piso. 1 5-3307327 5-3307327 Lunes a Viernes de 7:30 A.M. a 12:00 y de 2:00 P.M a 6:00

Gobernación de Bolivar COLOMBIA -Bolívar-Cartagena Edificio de la Gobernación Plaza de la Proclamación. 5-6646469 5-6646469 Lunes a Viernes de 8:00 A.M a 12:00 y de 2:00 P.M. a 5:00 P.M

Gobrenación de Boyaca COLOMBIA -Boyacá-Tunja Calle 20 No. 9-90 8-7444611 8-7444611 Lunes a Viernes de 8:00 A.M. a 12:00 y de 2:00P.M. a 4:00

Gobernación de Caldas COLOMBIA -Caldas-Manizales Carrera 23 No. 20-41 6-8842400 6-8842400 Lunes a Viernes de 8:00 A.M. a 11:30 y de 2:00 P.M. a 5:30
Gobernación del Caqueta COLOMBIA -Caquetá-Florencia Calle 15 carrera 13, esquina piso. 2. 8-4357512 8-4357512 Lunes a Viernes de 7:00 A.M. a 12:00 y de 2:00 P.M. 6:00

Gobernación del Casanare COLOMBIA -Casanare-Yopal carrera 20. No. 8-47 Piso. 2. 8-6324701 8-6324701 Lunes a Viernes de 7:00 A.M a 12:00 y de 2:00 P.M. a 5:00

Gobernación del Cauca COLOMBIA -Cauca-Popayán calle 4 carrera 7. Esquina,Piso 3. 2-8242636 2-8242636 Lunes a Viernes de 8:00 A.M a 11:00 y de 2:00P.M. 4:00

Gobernación del Cesar COLOMBIA -Cesar-Valledupar Calle 16 No. 12-120 Piso 1. 5-5707729 5-5707729 Lunes a Viernes de 8:00 A.M a 12:30 y de 3:00P.M. a 5:30

Gobernación de Córdoba COLOMBIA -Córdoba-Montería calle 27 No. 3-28, Piso 4 Palacio de Nain. 4-7926292 4-7926292 Lunes a Viernes de 8:00.A.M a 1:00 y de 2:00 P.M a 5:00

Gobernación del Chocó COLOMBIA -Chocó-Quibdó Calle 31 carrera 1, esquina Edificio de la Gobernación. 4-6711232 4-6711232 Lunes a Viernes de 8:00A.M a 12:00 y de 2:00P.M a 4:00

Gobernación de la Guajira COLOMBIA -La Guajira-Riohacha calle 1 No. 6-05 Edifico de la
Gobernación 5-7274852 5-7274852 Lunes a Viernes de 8:00 A.M a 12:00 y de 2:00 P.M. a 6:00

Gobernación del Huila COLOMBIA -Huila-Neiva calle 8. carrera 4. Edificio de la Gobernación. 8-8671345 8-8671345 Lunes a Viernes de 7:30 A.M a 12:00 y de 1:00 P.M: a 2:30

Gobernación del Magdalena COLOMBIA -Magdalena-Santa Marta Calle 1. No. Calle 20. y 22 Centro Cultural de San Juan de Dios. 5-4235681 5-4235681 Lunes a Viernes de 8:00A.M a 12:00 y de 2:00 P.M. a 6:00

Gobernación del Meta COLOMBIA -Meta-Villavicencio Carrera 33 No. 38-45 8-6610232 8-6610232 Lunes a Viernes de 8:30 A.M a 10:30 y de 5:00 P.M. a 5:15

Gobernación de Nariño COLOMBIA -Nariño-Pasto Calle 19 No. 23-78 2-7223859 2-7223859 Lunes a Viernes de 8:00 A.M a 12:00 y de 2:00 P.M a 6:00

Gobernación de Norte de Santander COLOMBIA -Norte de Santander-Cúcuta Calle 11 No. 5-05 7-5836081 7-5836081 Lunes a Viernes de 7:30 A.M a 11:30 y de 2:00 P.M. a 5:45

Gobernación de Quindio COLOMBIA -Quindio-Armenia Calle 20 Carrera 14 Palacio Departamental 6-7417700 6-7417700 Lunes a Viernes de 7:30 A.M a 1:00 y de 2:00 P.M. a 5:00

Gobrenación de Risaralda COLOMBIA -Risaralda-Pereira Calle 19 No. 13-17 Local 115 Palacio Departamental. 6-2341492 6-2341492 Lunes a Viernes de 8:00 A.M. a 1:00 y de 2:00P.M. a 4:00

Gobrenación de Santander COLOMBIA -Santander-Bucaramanga Carrera 11 Calle 41 7-6700503 7-6700503 Lunes a Viernes de 8:00A.M a 11:00 y de 2:00 P.M. a 5:00

Gobernación de Sucre COLOMBIA -Sucre-Sincelejo Calle 25 No. 25 B-35 Edificio de la Gobernación 5-2801263 5-2801263 Lunes a Viernes de 8:00 A.M a 12:00 y de 2:00 P.M. a 6:00

Gobernación de Tolima COLOMBIA -Tolima-Ibagué Carrera 3 Calle 10 y 11 Piso 4. 8-2611650 8-2611650 Lunes a Viernes de 9:00 A.M a 11:00 y de 2:00 P.M. a 4:00

Gobernación del Valle del Cauca COLOMBIA -Valle del Cauca-Cali Calle 9 Carrera 7 y 8 Palacio de San Francisco 2-8860189 2-8860189 Lunes a Viernes de 7:30 A.M a 4:00 P.M.

"Brevior Sltare Cum Deformibus Mulieribus Est Vita!" .

ColombianoGringo says on Mar 26, 09:38:

On a related note, getting a passport outside of Bogota can be frustrating and time-consuming.

My wife recently got hers at one of the "gobernaciones" listed above. First, her brother had to go stand in line for four hours to get an appointment. Then she had to go to that appointment(and wait three hours) where she was given the requirements and told where to make the the deposits. She had to go deposit the passport fee at one bank and then the local taxes at another bank. Each of course had lengthy lines. Finally, she was able to go wait for several hours turn in everything and then the passport was ready three business days later. Yep you guessed it, more waiting. Fun stuff.

Lowell says on Mar 26, 17:22:

In Armenia, I got my wifes, daughters, sons and nieces passports done in about 1 1/2 hours. Paid an expediter about 50K for the help.

Alfred E. Newman. "What. Me Worry?"

lpdiver says on Mar 26, 18:17:

I married my Paisa in July 2003 and had the W-7 notorized in the consulate while I was there for her interview.

I filed married with the W-7 and had no problems. I would think I am REQUIRED to file married as I was.

She arrived in Feb 2004 and I got her a SS number in time for 2004 tax filing.

t

"cook some rice!"

pcampbellcali says on Mar 29, 17:09:

We got the passport in Cali in about 3 hours. Everything was done in the same office in the Gobernacion. Thanks for everyone´s advice.

ColombianoGringo says on Mar 29, 18:31:

I have done some additional research on the subject. According to the rules, the copy of the passport must be notarized by a US notary or must have an apostille from another country. The only place I know of to have something apostilled in Colombia is the Ministerio de Relaciones Exteriores.

The W-7 and the actual return must be signed by the foreign spouse unless you have an apostilled power of attorney in English. Also, she would not be eligible to receive the stimulus payment. I will most likely file joint but married or single and then file an amended return when she is in the US.