Hi,

Here is my scenario:

1) I am working in US under TN Visa and I have SSN

2) Got married in Canada in November, 2007

3) My wife lives in Canada and she was never in US

4) My wife is coming to stay with me under TD ( TN spouse visa ) from May, 2008


I am filing my return for 2007 and I am using filing jointly. My wife does not have an ITIN.

Can I :

1) apply for ITIN for her even though she is in Canada?

2) What is the best way to file the return? ( when I file jointly, they ask for my wife's SSN or ITIN which I do not have)

Thanks in advance.

MukatA

Yes, you can file 2007 tax return as residents Married Filing Jointly. You will attach W7 (ITIN application) of your spouse with your tax return. You will also attach First Year choice statement. For 2007, you must both report the worldwide income.

VeniVidiVici

Thanks for your answer. I used TaxAct online and it shows that I am supposed get a refund from IRS for tax year 2007. I need to mention that I and my wife both are canadian citizen. I am working in US under TN visa and my wife is in Canada and she was never been in USA. Do I still attach First Year Choice statement?

MukatA

The statement will say: I.... qualify as resident for tax purpose for 2007. We.... and .... make this choice to file resident tax return for 2007.

VeniVidiVici

Hi my wife applied for ITIN number and she has received the ITIN number today. Also we filed the income tax return for 2007 jointly back in April and when filing, we attached the W-7 application form with first year choice statement. After my wife got her ITIN number today, we called ITIN office to know how long will it take to process our return for 2007 and they said it will take 4-6 weeks.

My question is, since we have the ITIN number now, can I file online to submit our return so that it processes faster? it has been 6 weeks since we filed our return with w-7 application form and if it takes another 4-6 weeks, we have to wait a long time since we are expecting some refund with tax rebate.

Please advise us

AtlantaTaxExpert

Your return has already been submitted. You can probably get the exact refund due date at the link below.

https://sa2.www4.irs.gov/irfof/lang/...fgetstatus.jsp