Legal Question in Administrative Law in Virginia

Re: Power of attorney

Yes, certainly. You just write up a power of attorney.

You can get an example form at a Staples or Office Depot, or whatever.

(WARNING: I do NOT normally recommned forms like that, because the problem with legal question is knowing WHEN and HOW to use them, when to use which form, and when to MODIFY the form to meet your needs. Standard forms can be a trap in this regard. HOWEVER, a power of attorney is a very, very standard, very simple thing.)

You might retype the form (you might have to email it to her anyway), and then add to the power of attorney the fact that you are her husband, which will certainly help a great deal in having the power of attorney be accepted. You should also review the text to see if anything in there seems irrelevant or wrong to your situation.

Then she just has to get it notarized in her country. Now, the government MIGHT require an "Apostille" from her country proving that the Notary really is a valid Notary in her country. That can be a huge pain in the neck. The country's government has to certify that the Notary is a legitimate Notary.

But if you are filing something with the IRS, my thoughts would be don't bother. Send in the form with the POA. If they don't like it, they will let you know. And you have certainly filed on time and made a reasonable effort to do everything right. Again, as her husband, you should really not be doubted in that regard.

Now, I could be wrong. If you can find a place to look for POA's on www.IRS.gov, maybe they want an Apostille, I don't know.

Now, WHY are you filing tax-related documents if she has never been in the country? Are you just filing YOUR tax return as a married tax return?

The IRS taxes WORLD-WIDE income for US citizens. Money you make anywhere in the world is taxable.

However, I don't think that would apply to her -- yet.

I am NOT sure of this, and you should check the tax laws and an accountant, but I do not believe HER income is taxable in the USA... because she has not yet set foot in the USA, and the USA DOES NOT YET RECOGNIZE HER as either a citizen or a green card holder.

She is most certainly ELIGIBLE to gain citizenship as your wife.... But the USA will give YOU a hard time saying she is NOT YET. So that swings both ways, I would imagine. But I am not a tax lawyer, and you should confirm that.

FINALLY, as I said, it can be a big pain in the neck to get your wife straightened out.

A good friend of mine married an African woman in her home country, and in spite of them being married went through 8 months of hell trying to get her permission to enter the country, etc., etc.

SO... I would strongly recommend that you get an immigration lawyer to help you, and ask him to double check what I have told you above.