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aniruddha0209
Apr 5, 2011, 08:56 AM
To file ITIN is there any rule that the person should have stayed in USA for at least 180 days?
I have to file ITIN for my wife and she stayed in US for 48 days and I stayed for 152 days.

Someone said that IRS will reject the application if applicant has not stayed for more than 180 days.
Is this correct?

taxesforaliens
Apr 6, 2011, 11:48 AM
There is no limit of days for applying for an ITIN. However, if you stayed only 152 days, you are a non-resident alien and you cannot file a joint return, only married filing separately. You would not need an ITIN for your spouse for a married filing separately return