Hi,

I am on H1B visa and wife is on H4 visa. I have to apply for ITIN for my wife and am filling W-7 form for her.

I found online that I have to mail the tax return(s) along with W-7 form. On some sites it is mentioned to fill W-7 form when you are filling the federal return.

I am not sure about my state returns for NY and NJ. Should state returns be also attached to W-7 form and submitted along with to IRS or I mail state returns to specific state departments.

Someone told me that federal and state returns needs to be sent along with form W-7 to IRS and IRS will forward the state returns to state departments after issuing the ITIN for my wife.

Now, I am not sure which way to proceed.

Any help will be greatly appreciated.

Thanks,
Hardeep Singh

MukatA

Normally, you file State tax return only after you get ITIN. However, some states will allow you to file return even without ITIN and inform them when you actually get ITIN.
For NY and NJ return, check with your state.

hardeepchd

Hi MujatA, thanks for the help. I talked to IRS also and they say that I have to wait for ITIN to come and only then file state returns with respective states.

AtlantaTaxExpert

There ARE some states that allow you to file without the ITIN.

Unfortunately, neither NJ nor NY are one of those states.

Just wait; the ITIN is forthcoming.