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New Member
posted Jun 3, 2019 11:54:16 AM

Is an attested birth certificate enough to prove foreign status and identity to file a W7 for an ITIN for a foreign spouse?

On a side note, I applier for my spouse's I130 already. Would an ITIN have any impact on that?

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1 Best answer
New Member
Jun 3, 2019 11:54:17 AM

It depends - the IRS will only accept documents that are considered "certified".

Your W-7 filing for an ITIN with the IRS will not affect your Form I-130 application with the USCIS. These are 2 separate government agencies.

A certified document is one that the original issuing agency provides and certifies as an exact copy of the original document and contains an official stamped seal from the Agency. These documents will be accepted. A notarized document is one that the taxpayer provides to a public notary who bears witness to the signing of the official document and affixes a seal assuring that the document is legitimate. These documents will not be accepted for ITIN applications. 

IRS streamlined the number of documents the agency accepts as proof of identity and foreign status to obtain an ITIN. There are 13 acceptable documents. Each document must be current and contain an expiration date. IRS will accept documents issued within 12 months of the application if no expiration date is normally available.  Documents must also show your name and photograph, and support your claim of foreign status. Below is the list of the only acceptable documents:

 

  • Passport (stand alone document)
  • National identification card (must show photo, name, current address, date of birth, and expiration date)
  • U.S. driver's license
  • Civil birth certificate (required for dependents under 18 years of age)
  • Foreign driver's license
  • U.S. state identification card
  • Foreign voter's registration card
  • U.S. military identification card
  • Foreign military identification card
  • Visa
  • U.S. Citizenship and Immigration Services (USCIS) photo identification
  • Medical records (dependents only - under 6)
  • School records (dependents only - under 14, under 18 if a student)

Here is a link to the IRS on ITIN - Frequently Asked Questions


1 Replies
New Member
Jun 3, 2019 11:54:17 AM

It depends - the IRS will only accept documents that are considered "certified".

Your W-7 filing for an ITIN with the IRS will not affect your Form I-130 application with the USCIS. These are 2 separate government agencies.

A certified document is one that the original issuing agency provides and certifies as an exact copy of the original document and contains an official stamped seal from the Agency. These documents will be accepted. A notarized document is one that the taxpayer provides to a public notary who bears witness to the signing of the official document and affixes a seal assuring that the document is legitimate. These documents will not be accepted for ITIN applications. 

IRS streamlined the number of documents the agency accepts as proof of identity and foreign status to obtain an ITIN. There are 13 acceptable documents. Each document must be current and contain an expiration date. IRS will accept documents issued within 12 months of the application if no expiration date is normally available.  Documents must also show your name and photograph, and support your claim of foreign status. Below is the list of the only acceptable documents:

 

  • Passport (stand alone document)
  • National identification card (must show photo, name, current address, date of birth, and expiration date)
  • U.S. driver's license
  • Civil birth certificate (required for dependents under 18 years of age)
  • Foreign driver's license
  • U.S. state identification card
  • Foreign voter's registration card
  • U.S. military identification card
  • Foreign military identification card
  • Visa
  • U.S. Citizenship and Immigration Services (USCIS) photo identification
  • Medical records (dependents only - under 6)
  • School records (dependents only - under 14, under 18 if a student)

Here is a link to the IRS on ITIN - Frequently Asked Questions