I reached US on H1b visa at the middle of October, 2005 and filed tax for 2005 as resident alien by waiting up to June, 2006 for passing SPT. So my 2005 tax filing went fine.




I married on Nov3,2006 and my wife reached (h4 visa) here on Nov 28, 2006.


For getting ITIN for my wife I filled W7 form and marked colulmn " e ".

I approached one of the taxes filing company for solving this issue.


1. They just given a certificate saying that they checked my wife’s H4 visa and passport and other certificate. They didn’t sign on the copy of H4 visa paper.

They told me that just send the certificate which they given with W7 form and filled tax 1040EZ paper and copy of w2 for getting ITIN.

And also told that no need to resubmit the 1040EZ form to IRS after getting ITIN number, because ITIN people will send it directly to concerned office.

They also told me to wait for filing state tax return after getting the ITIN number.

2. Is the SPT is necessary for my wife too, for joined filing?( for 10,300 $ tax reduction)

3. They told me that I don't need to extend the period for tax filing too

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What I have to do?

1. Is I need to wait until May or June end to file the joined tax return (because my wife SPT will achieve only on that period).

2. Is it compulsory to put a copy of H4 visa paper notarised, instead of the certificate I got from the concerned company (they have branches all over US) saying that they checked everything and it is correct.

3. Am I need to resubmit 1040EZ form to IRS, after getting the ITIN .


4. Is there any need for extension of the date for my tax returns, because I have to wait at least 4 weeks to get my ITIN .


Kulkarni

First, you filed INCORRECTLY for 2005; you were in fact a non-resident or dual-status alien for 2005 and should have filed Form 1040NR or 1040NR-EZ. This is something you should fix if you want to apply for immigrtation status.

As for 2006, you need NOT wait, as you are in fact a resident alien for 2006. Your wife is filing as the non-resident alien spouse of a resident alien (you). If you are applying for an ITIN for her, you need complete Form W-7, have her sign the W-7, then staple a notarized photocopy of her passport to the W-7. Attach these forms to your tax return (Form 1040EZ) and mail it to the ITIN Processinf Center in Austin, Texas (address is in the W-7 instructions.

Send NO OTHER DOCUMENTS.