Problem with adoption of wife's boys

[Texas Bill]

Sr. Guzman;
It has been 3 years since the original application to adopt my wife's children and the"process is not yet completed.
At last report, thejudge here in Santiago had signed the order and it is reported to now be in thehand of the"Junta" in Santo Domingo.
Just what is the role of this "Junta"? I am told that they must publish soething and get the father's final approval before theorder can be adjudicated to completion. Is this true? The father has already signed a document of "permission" 2 years ago. Why another one, if this is true?
While I can understand the government's concern, I do believe that there is a bit of intentional "foot-dragging" in all this.
Could you PM me or answer here as to what the problems are and expecially what the usual time-frame is for finalization of adoption after the "Junta" gets the paperwork?
It happens that time is of the essense in this case. In order for me to declare these 3 boys as exemptions on my 2007 Form 1040, the actions must be completed before 31 December, 2007. Otherwise the additional cost in Income Tax will be considerable, since, in my naivete, I labored under the impression that the adoption would be finalized this year.
Is there ANYONE in authority at the "Junta" that I can contact personally, to implore them to speed the process to a TIMELY conclusion? If so, I would greatly apreciate that person's name and phone number along with the location of his/her office address so thaatI may visit them face to face?
Your answer will be greatly appreciated.

Thank you.

Texas Bill

 

[johne]

just curious

Since the 3 kids are your wife's, if you filed a joint return, could you not claim the support/exemption as part of "the family" (joint return)?

john

 

[Texas Bill]

Since the 3 kids are your wife's, if you filed a joint return, could you not claim the support/exemption as part of "the family" (joint return)?

john

If we lived in the United States, Canada or Mexico, the IRS would accept the boys as legal "Exemptons". But since they do not have an ITIN assigned, nor a Social Security Number, are "non-resident aliens" living in theDR the US Law doesn't/won't recognize them as exemptions.
I tried to take them in 2004 right after Margarita and I were married and got turned down. I wrote to my Senator, she investigated andgave me the answer that I would have to adopt them before they would qualify as exemptions.
Even though I consider that to be a violation of my "Civil Rights", it is never-the-less the "Lawof the Land" and I have no other recourse if I wish to declare them as exemptions.
I sent in a Form W9 for Margarita and she hasan ITIN for tax purposes, but the boys must be adopted by me in order to qualify for such a nmber or for a SSAN. Even then, I must take them to the States for 1 month every 6 months in order for them to get the SSAN.
And to think that I spent 27.5 years standing between these Congressional bastards and our enemies. Ifmy family were Mexican, they could get into the States for free under the present system.
Hell, the Consul here even denied Margarita a Visitor's Visa to visit my family accompanied by me as her sponsor.
Our damned government just doesn't make sense anymore.

Texas Bill

 

[johne]

If we lived in the United States, Canada or Mexico, the IRS would accept the boys as legal "Exemptons". But since they do not have an ITIN assigned, nor a Social Security Number, are "non-resident aliens" living in theDR the US Law doesn't/won't recognize them as exemptions.
I tried to take them in 2004 right after Margarita and I were married and got turned down. I wrote to my Senator, she investigated andgave me the answer that I would have to adopt them before they would qualify as exemptions.
Even though I consider that to be a violation of my "Civil Rights", it is never-the-less the "Lawof the Land" and I have no other recourse if I wish to declare them as exemptions.
I sent in a Form W9 for Margarita and she hasan ITIN for tax purposes, but the boys must be adopted by me in order to qualify for such a nmber or for a SSAN. Even then, I must take them to the States for 1 month every 6 months in order for them to get the SSAN.
And to think that I spent 27.5 years standing between these Congressional bastards and our enemies. Ifmy family were Mexican, they could get into the States for free under the present system.
Hell, the Consul here even denied Margarita a Visitor's Visa to visit my family accompanied by me as her sponsor.
Our damned government just doesn't make sense anymore.

Texas Bill

I hear you and I feel for you. Was at Motor Vehecle Bureau today for renewal and while there I inquired about a Dom here on vistor's visa and if she was entitled to NY/US driver's lic. Clerk said--sure why not? Get a SS # show your PP and visa--good to go. Our Governor wants to give a lic. to everybody but when it comes to situations such as yours--Forgetaboutit.
john

 

[johne]

It just came to mind--even if you're supporting your mother, mother-in-law, and can prove it--you get the exemption--

Imagine adopting your mother-in-law???
It just seems your situation doesn't make sense.

 

[Texas Bill]

It just came to mind--even if you're supporting your mother, mother-in-law, and can prove it--you get the exemption--

Imagine adopting your mother-in-law???
It just seems your situation doesn't make sense.

It all depends on if you are living in the USA. If you are living elsewhere, different rules apply.
It doesn't make sense, but that's the way it is.

Texas Bill

 

[Fabio J. Guzman]

If all the adoption papers are in order, the final authorization from the Junta Central Electoral to issue new birth certificates should be a question of days and weeks, not months.

 

[Texas Bill]

Sr Guzman;

The papers were signed by the judge here in Santiago 2 weeks ago. Another paper was signed by the father of the children just Saturday. A copy of his Cedula was included. I might add this is the second time he has signed paperword relinquishing his parenthood over the children.
I an told that the paperwork now goes to the Junta in Santo Domingo for their ?whatever it is that they do?, then the changed Birth Certificated will be issued/authorized.
We then must get Dominican BC's for the children and have them legalized by the issuing agency so that they may be attached, in addition to other paperwork, to Forms W9 along with our joint Form 1040 so that ITIN's may be issued for each child.
My Embassy has been very vague about the issuance of Social Security numbers to the children. If that can be done, since they are now legally my children, a lot of unnecessary frustration can be eliminated
Living here and having to comply with both Dominican Laws as well as US Laws is really a pain in this particular instance.
I want to thank you for the answer you have given. I really didn't know which "Junta" was involved in the final adjudication.
Question??? Would a personal visit and appeal by me be appropriate in speeding up the final processes???

Thank you again,

Texas Bill

 

[Fabio J. Guzman]

Texas Bill, I'm confused because you mentioned papers being signed by the parents recently. This should have done long ago before the ruling by the Court.

Are you by any chance mixing up the Dominican legal procedure with the admittance of the children in the US?

 

[Texas Bill]

Texas Bill, I'm confused because you mentioned papers being signed by the parents recently. This should have done long ago before the ruling by the Court.

Are you by any chance mixing up the Dominican legal procedure with the admittance of the children in the US?

Sr. Guzman;

I, too, was confused by the requirement that the boy's father was required to sign an additional paper. He had signed once 3 years ago to theeffect of non-objecting to the adoptions and to relinquishing parental claims to the boys. It does seem to me to be a redundant
requirement. However, it has again been signed and the paperwork is now on it's way to the Junta in Santo Domingo. Hopefully, they will act quickly so that the birth certificates can be changed and certified with their new surnames indicated.
I'm still not sure if this is all that is required for the adoptions to be completely legalized and the boys become mine.
My main concern, after all this time and all the frustrations attendent, is that the Junta will "drag it's fet" in authorizing the change of birth cerfificates.
Am I correct in assuming (there is that word again) that when they do so, all the legal ramfications will have been satisfied? Or, are there additional procedures/requirements yet to be met?
As to the children being admitted to the States under the existing laws therein, that is an entirely different matter altogether. The Law is very specific as to the documentation and actions to be taken in that matter.
However, I will not try to take thechildren to the States to acquire citizenship without their mother in accompanyment. I have thefeeling that I would be long dead before I could get an entry Visa for Margarita to accompany us.
We tried to get a visitor's visa for her in 2004 so she could meet my family in the States and got turned down. Those A-hoes at theConsulate said she had insufficient reason to return to the DR and used that as an excuse, even with me, a retired USAF Officer, her husband and her sponsor vouching for her.
Just dodn't make sense to me.

Thanks again for all your input and could you/would you answer the imbedded questions in theabove commentary, please.

Texas Bill

 

[Fabio J. Guzman]

The authorization by the Junta to issue a new birth certificate should be your last hurdle. After that, getting the birth certificate itself, etc. is routine.

 

[donluis99]

texas bill you dont need to fight anymore

TB you don't need the adoption papers to claim your exemption.

If they have been living with you for three years I would file for everbody itin numbers and for 2006 file an amended return and depends on the file date for your 2005 maybe you can amend that also, you get a year from the date you sent it in.

Get it for your spouse and kids, if they will meet the definition for dependents, time lived in home and your contribution to their livlihood.

Who needs an ITIN?
IRS issues ITINs to foreign nationals and others who have federal tax reporting or filing requirements and do not qualify for SSNs. A non-resident alien individual not eligible for an SSN, who is required to file a U.S. tax return only to claim a refund of tax under the provisions of a U.S. tax treaty, needs an ITIN.

Examples of individuals who need ITINs include:

Non-resident alien filing a U.S. tax return and not eligible for an SSN

U.S. resident alien (based on days present in the United States) filing a U.S. tax return and not eligible for an SSN

Dependent or spouse of a U.S. citizen/resident alien

Dependent or spouse of a non-resident alien visa holder

Individual Taxpayer Identification Number (ITIN)

 

[Texas Bill]

TB you don't need the adoption papers to claim your exemption.

If they have been living with you for three years I would file for everbody itin numbers and for 2006 file an amended return and depends on the file date for your 2005 maybe you can amend that also, you get a year from the date you sent it in.

Get it for your spouse and kids, if they will meet the definition for dependents, time lived in home and your contribution to their livlihood.

Who needs an ITIN?
IRS issues ITINs to foreign nationals and others who have federal tax reporting or filing requirements and do not qualify for SSNs. A non-resident alien individual not eligible for an SSN, who is required to file a U.S. tax return only to claim a refund of tax under the provisions of a U.S. tax treaty, needs an ITIN.

Examples of individuals who need ITINs include:

Non-resident alien filing a U.S. tax return and not eligible for an SSN

U.S. resident alien (based on days present in the United States) filing a U.S. tax return and not eligible for an SSN

Dependent or spouse of a U.S. citizen/resident alien

Dependent or spouse of a non-resident alien visa holder

Individual Taxpayer Identification Number (ITIN)

donluis99;

I haateaa to rain on your comments above, but I've already been through all this in 2004-2006 tax years.
Margarita had to get an ITIN because she is a non-resident alien living here, tho married to me. Got that OK by submitting a Form W9. Tried to claim the boys because they were siving with us andi was contributing 100% to their support; But, because I had not adopted them, the exemption was denied. I took that to my Senator and she advised that the children had to be adopted by me in order to claim them as exemtions on our Form 1040. Since I had already initiated the adoption actions, all I had to do was waait for it to be final. Thhat was 3 YEARS AGO. The paperwork is now in thehands of the electoral junta in Santo Domingo for approval of change of birth certificates.
If we had been living in Mexico or Canada, and Margarita had been a citizen of either of those nations, therewould have been no problem because they're exempted from the requirements outlined above.
Believe me, i looked up every damned law there was in this matter. It's just plain and simple predjudice on thepart of theUS Congress to excluse all but Canada and Mexico. I consider that my Civil Rights have been violated to the Nth degree. If I had the funds, I would sue the US Government for such a viscious violation. There was a time when the spouse of a US Citizen became a citizen automatically. Many WWII warbrides took aadvantage of that and as soonas they hit US soil, they applied for divorce andwere home free. That's when Congress, in their infinite wisdom changed the law.
As to the US predjudice against Dominicans, I can't even get a visitor's visa for Margarita so we can visit my children in theStates. They claim she has nothing to return for, therefore no reason to return. Same as saying she'll skip as soon as she hits the States. Guilty until proven innocent; good ole Napolionic Code; one must prove innocence. English and US law is innocent until proven guilty. Eh What??
Oh well, we're happy here without the USA. At least the politicians here are honest and aboveboard in their corruption and greed.

Not that I'm bitter, or anything like that.

Texas Bill

 

[mkohn]

It doesn't make sense to me.
If she has a taxpayer ID and she is filing joint taxes, why can't you include her kids?
Let's hope the official grants the new birth certs so you can get on with your lives.
mkohn

 

[Hlywud]

Bill, just another example how your government is treating veteran's in the good ole USA, just like a piece of crap, they just wipe you aside.

 

[Texas Bill]

It doesn't make sense to me.
If she has a taxpayer ID and she is filing joint taxes, why can't you include her kids?
Let's hope the official grants the new birth certs so you can get on with your lives.
mkohn

Go to US Gov't site and take a look at Publication 54. Wade through that andlook aat all thecontradictions contained therein. mostly Government-eze which is both confusing and misleading. Maybe then, you'll see the basis of the frustration I have emitted on this thread. Look at all the "tests" that must be met first, then go deeper and look at the contradictions that are misleading to the novice andaverage citizen.
Holywud is right, the government does their best to confuse the public and lead them down the "primrose path" in such a manner as to force them to give up in disgust. Real smart cookies, those.

Texas Bill

 

[donluis99]

Social Security numbers for forgein nationals???

Hey TB,

I just filed for my wifes ITIN and also my step son, will let you know what comes of the boys.

You get the new birth certificates how are you going to get thier social security numbers, not eligible as forgien nationals, but as your step childeren they are eligible to receive ITIN, show me where it says other wise, I can not find it.

With out the social securtiy number or ITIN you will NOT be able to use the exemptions.

My life prior to the DR, I have three US based natural Daughters and three US Based Step daughters anbd for 12 years I claimed them as exemtion with thier SS number.

I never adopted them.

Back then I even got away for a number of years, I think until 1996 with out SS numbers for my natural children. I never wanted them to have the number until the latest time possible, they are my kids.

I believe your exemption was denied because they did not have their beast number.

And is it not the W7 to file for the ITIN?

Here check the Link for publication 501, go to page 10.

TB if you see this is incorrect, I suggest you contact a US based Certifed Tax agent to get this cleared up.

You do not have to adopt those kids, hope only because you love them you do this, because you now anything every happens, we hope not, but you will be liable for their child support. Your a big boy so not my business only my 2 cents...

Good luck

by the way, always wondered =where does TB hail from....

 

[donluis99]

I guess as adopted they will get thier citezenship thru you, eh?

 

[donluis99]

sorry the 501 link is here

http://www.irs.gov/pub/irs-pdf/p501.pdf

 

[johne]

A different slant on the situation

Some 30 years ago I asked my accountant-"Hy don't we need to file a quarterly return?" He said "No--because a quarterly return is filed with the 'anticipation' that you need to pay taxes at the end of the year and I DON'T FEEL THAT NEED".I have never filed a quarterly return since then.

My point is: why not file your return using the deduction you feel you are entited to and wait for some IRS agent to say"foul ball". I knoooowww this is not the norm, but what is there to lose if you are audited and they win and you pay the back taxes? Conversely, if you don't get an audit you might be able to take the deductions for the next few years and this "problem" resolves itself.

Disclaimer: This is not tax advise.It is intended to be a way to salvage mental health and reduce the amount of alcohol one needs in a given day trying to deal with the crazyness.

john
john