Hi,

I'm on on H1 Visa since last 5 years working for same company. I've been filing my tax returns as a Resident Alien.

Last year I got married and my wife came from India on H4 visa. She is Indian citizen. She is living in US from Feb 2005 onwards. In July of 2005, I applied to IRS to get her Individual Tax Identication Number(ITIN) as she is not eligible for SSN. IRS send me the documents back saying that I need to apply with my tax returns for 2005.

My first question is that currently when I file my 1040, can I claim her as dependent ? She has no income for 2005 as she is on H4.

If I can claim her as dependent with no income then do I need to wait to get her ITIN first or can I file my 1040 (claiming her as dependent) at the same time I apply for her ITIN ? I guess I don't understand the order here. It would be great if someone can explain me the procedure here.

Last question I have is regarding tax withholding from employer. Currently, in my W4, I'm categorized as "Single" because the Line Item 3 states that if your spouse is "Non Resident Alien" then check "Single". As I'm a resdient alien now for tax purposes (even though I'm still on H1), is my spouse considered a resident alien or she is still non-resident alien. I would certainly like to be filed as married as it might withhold less taxes for me from the paycheck. :) Does anyone have comments on this ?

I really appreciate everyone's help here.

Thanks

Sanjay:

Yes, you can claim her as a dependent by filing mattired Filing Jointly. Fill-in the W-7 and attach it to your tax return. The IRS will issued the ITIN and fill it in on your tax return for you. The IRS does this because it simplifies the process for them.

You will have to wait until the IRS notifies you of the ITIN before you can file your state tax return.

As for your withholding, submit a new W-4 claiming at least exemptions as married. Overwithholding gives the government free use of your money.

Hi AtlantaExpert:

Thanks a bunch for the prompt response. I really appreciate the help.

I will be using TurboTax to fill out 1040 and then print it and submit it with W7. I usually do the E-File but I guess this year I will have to send it by mail.

Thanks again.

Sanjay

Yes, unfortunately you cannot file W-7 electronically!

Glad to help!

Hi Tax Expert,

I am in the similar situation as Sanjay.But my problem is I could not prepare a tax return using any of the tax software because it does not allow me to add my wife as a dependant(since she is on H4 visa). I met couple of local tax consultant(including HRBlocK),no body understands my situation.

Could you please provide some suggestion.OR could you suggest some tax consultant who is expert on W7 and Resident alien situation.

Also,do you provide a service for preparing.If so,could you please let me know,this is my email id [email protected]

Thanks and Regards
Saminathan

Saminathan:

I will be e-mailing you.

Hello AtlantaTaxExpert,
I am in the same scenario as Saminathan. My Email id is [email protected]. Can you please tell me how to proceed.
I filled my returns last year using Turbotax online. But this time Turbotax says that I cannot report my wife as dependent. How to proceed with it. Do I need to go for paper based forms? I would appreciate if you reply me.
Thanking you
Kandukondein
My Email:[email protected]

Hi,
I am also in a similar situation. I am on H1 visa, while my wife came to US on H4 visa on Nov 20th. So she does not qualify to be a dependent based on the 'substantial presence test'.

Does that mean I can file for taxes as 'married filing jointly' ? I normally fill 1040EZ form when I was single. Would I still be able to use it or do I need something else?

Kindly advise...

Thanks!

Wisperer:

Even though your wife does not qualify as a resident alien, YOU do, so you can file married filing jointly and she will be treated as a resident alien.

Hi,

What if I got married in December '05 and my wife will not be coming till Nov'06, can I still file jointly for 05?

Thanks in advance for your help,
cshah

CShah:

How long have you been in the U.S. what is your visa status and from what country do you come from?

These issues affect my answer, so I need to know.

Hey thanks for your prompt reply and my bad for not making things clear.

I have been in US for more than 5 years now and currently I am on H1 B visa (before I was on F1).

I am from India.

Once again I got married in December '05 and my wife will not be coming till Nov'06.

Thanks,
cshah

You have to contact HR Block Premium Service office,and they can file for you.

The answer is not to contact H&R Block (though they may do an excellent job, the intent of this forum is to provide information for free).

That said, you cannot claim your wife as a dependent. You can file jointly with her, which means you need to fill out a W-7 to apply for the ITIN and attach it to the completed Form 1040/1040A/1040EZ. Mail it to your wife for her signature on the 1040/1040A/1040EZ and the W-7. She may also need to provide the required documentation (a cerified photocopy of her passport is best).

Once you get it back, mail it to the Pennsylvania address on the W-7 instructions.

The IRS will issue the ITIN, insert it in the blank SSN area by your wife's name and process the return. They will send you her ITIN and then you can file your state tax return.

Once your joint return is processed, your wife will be considered a resident alien

Hey thanks for your reply man... n yeah I agree if I just wanted to go to HR Block I would not have asked the question here..

Anyway so do I need to process and get the ITIN before filing? Can't I just file it with ITIN application and when she arrives here (in Nov.) get the number and IRS will get it also? The reason I am asking this is I am under the impression that to get the ITIN your spouse need to be present in US, I believe they ask for the 1-94 number and all, isn't that true? So, in other words you can apply for it but not get the number until she arrives, is my understanding correct? Please clarify if possible.

Btw, what is the diff. between filing jointly and claiming her as dependent, sorry for a dumb question :)

Cshah:

For your spouse, you can get an ITIN without them being in country for the exclusive purpose of filing a tax return. Hence, it is possible to file jointly with your spouse without them being in country.

In most cases, you cannot claim any dependents if they are not in the United States.

That is the main difference between the two.

Thanks, from what I have read and what I understand you can not claim your spouse as dependent, basically if you are married and file jointly you can claim 1 exemption for yourself and 1 for your spouse, isn't that true?

That is rue!

Hello AtlantaTaxExpert,

I am in the same scenario as Saminathan. My Email id is [email protected]. Can you please tell me how to proceed ?

My wife is on her H4 visa, please advise the necessary steps I need to take so that I can include her as a dependent when I file my 2006 taxes. Do I need to re-submit some papers at the employer regarding the taxes? Can I apply for her ITIN number now?

I would appreciate if you reply me.

Thanking you
Mayuresh
My Email: [email protected]

You can amend your 2006 return and file jointly with your wife. You will submit the Form W-7 with the amendment to get your wife her ITIN.

Contact me at the email address below for details and fees if you want me to file this amendment for you.

I am in the same situation.
I am filing for 2007 tax returns and I got married in 2007 and would like to file with married jointly(since she is on h4).

Can you please send me the procedure on how to apply this year?
I would like to try turbo tax, fill the forms, print them and file them along with w-7 form. But don't know how far I can succeed. Is this is the right way to do?
Thanks

Siva:

You have to attach a statement (signed by BOTH your and your spouse) to the return declaring that you qualify for First Year Choice and that you both CHOOSE to be treated as resident aliens for all of 2007.

Other than that, the TurboTax forms should suffice.

I am in the same situation. I got married in February 2007 and my wife came to US in May 2007. I am working on H1 visa. She does not have Tax ID or SSN now. Shall I file my taxes this year having her as dependent without Tax ID? Also, she may be getting her Social Security Number in two weeks as her H1 B is approved now. Can I use that SSN to file jointly? My email is mammu_handsome at Yahoo dot com.
Thanks in advance.

I have a same problems as others .I came to US last October n got my first paycheck in December because I was on bench earlier now my first question is that am i elligible for the tax return and second question is my wife is on H4 then how can i apply for her ITIN?

If you income is more than $3,400 you must file your tax return.

If you have H1-B, then you are not resident in 2007. You will be resident when you meet SPT test in 2008. Then you can apply for ITIN for your wife.

Thanks mukta my income was just $1000 so what should I do should I file my returns and can I apply for her ITIN without filling my retuns

Here I am having a question.

I came in H1 along with my Wife H4 and in Feb 2008 and in US Payroll since April 2008.

A) Do I need to apply for ITIN right now?? If Yes what are the Procedures

(OR) Do I need to wait till I file my first tax returns

I may be returning to India any time once my assigned task is finished and may be before March 2009. In this case What I need to do?

I request experts to advice me on this case.

To Amanoosi:

If you made ONLY $1,000 in U.S.-sourced income in 2007, you have NO LEGAL REQUIREMENT to file any type of tax return for 2007. You CAN if you want to, and by doing so, you can apply for and probably get the ITIN for your spouse, but you can also wait until NEXT year (2009) and apply for the ITIN with your 2008 tax return.

Your choice!

To Nani24:

Wait for your wife's SSN to be issued, then file using the SSN. The IRS checks if a SSN is pending before they issue the ITIN, so applying for an ITIN at this point in time would be waste of time.

To Dilipnarayanan:

1) You MUST wait until you file your 2008 tax return before you can submit Form W-7 for an ITIN (unless your wife has a special need for the ITIN, such as to attend school).

If you return to India before you can file the 2008 tax return in January 2008, you will simply need to file the tax return and the W-7 FROM India.

I do this all the time for clients in India, and with email and PDF copies of the forms, and possible efiling, it is not as hard as you would think.

Advice: If you DO return to India prior to filing the tax return, keep your U.S. bank account open. That way, the refund from the IRS (and probably from the state) will be able to be direct deposited. Neither the IRS nor any state will direct deposit into a foreign bank account.

To Dilipnarayanan:

1) You MUST wait until you file your 2008 tax return before you can submit Form W-7 for an ITIN (unless your wife has a special need for the ITIN, such as to attend school).

If you return to India before you can file the 2008 tax return in January 2008, you will simply need to file the tax return and the W-7 FROM India.

I do this all the time for clients in India, and with email and PDF copies of the forms, and possible efiling, it is not as hard as you would think.

Advice: If you DO return to India prior to filing the tax return, keep your U.S. bank account open. That way, the refund from the IRS (and probably from the state) will be able to be direct deposited. Neither the IRS nor any state will direct deposit into a foreign bank account.

Hi Atlanta tax expert,

I returned to India. Now I got the PDF copy of W2 form and I have w7 Form filled along with attested copy of passport for my wife.

Could you please guide me on how to file the returns.

Do I need to fill any other forms?

Also I heard that I cannot file electronically since I need to apply for ITIN for my wife and hence I need to send the completed forms to different address.

I cannot walk you through the filing process; it is too complex.

I can, for a fee, prepare the return and Form W-7 for you, then email back to you for signature and mailing.

If interested, contact me at [email protected].

Hi
I am in the same situation, got married and brought my wife in may 2008. So I am planning to file as married filing jointly for the year 2008. I like to know how to proceed with this. As u said earlier I have to file W-2 requesting ITIN for my wife. Please send me the links and the information to my mail id [email protected]

Thanks in advance

Have sent you the requested email.

I came to US on June 2009 and My wife joined me in Feb2010 I am planning to file as married filing jointly for the year 2009. I would like to know how to proceed with this as the turbo tax not allowing without SSN or ITIN.As you said I have to file W7 form for my dependent to get ITIN

1. How to take the extension as the last date is April 15th in turbotax its not allowing to take extension without wife's ssn or itin if I choose filing jointly for extension.

2. If I understood correctly I will fill the form in turbo tax 1040 and take printout and then attach W7 form and send it through mail.

I will appreciate if you answer and provide me the link also know me how to take extension for my filing.

Thanks

Syama Mishra

[email protected]
774 269 4265

The way to file your extension would be to PRINT the Form 4868, and then print "APPLIED FOR" where her SSN would go, then mail the Form 4868 to the IRS Center in Austin, Texas.

Hello I recently moved to the States after getting married February 25th, I moved 4th of March, I am in a H4 visa. I can't apply for a SS number but I can for ITIN.
I am ask for a federal income tax return, how do I get one, my husband is in a H1b visa. Thank you

If you just got married, you CANNOT file a return for 2011. Tax Year 2012 is the first year you will file, and that will not happen until January 2013 at the earliest.

You must WAIT until the tax return filing before you can apply for your ITIN by submitting Form W-7 with the return.

You can apply early ONLY if you need to apply for a bank account or if you are attending school, in which case you need a letter from the bank or school stating you need the ITIN for that reason.

Thank you very much, I have a second question. My husband is an H1b visa wich expires this September, he has been in that visa for 6yr, so if he is changed to a J1 visa after a year can he be changed to a H visa again to do his waiver or we have to leave the country? Thank you

This question is NOT a tax question, but rather a LEGAL question which should be posted in the LAW Forum under Immigration Law.

Dear AtlantaTaxExpert',

I am on a H4 visa with my husband, who is on H1B visa. We applied for his SSN. Do I need to apply for my personal TIN? I also going to create a small company on LLC and want to know do I need to create for that Business TIN or I can use my personal TIN? Can I have Both and is it reasonable

Thank you,
Juli

Hi Juli,

You could apply for your ITIN when you file your tax return next year.
On H4 you do not have a work authorization, so you cannot start your own business. You could only be an investor in one.

Taxesforalieens has is right. You, as an H-4 visa holder, are NOT allowed to wotk while residing in the U.S.

Hi, I was under a L1 visa and my wife L2, now our status has been changed to H1 and H4, so we both have SSN and for what I have been reading she needs to get a tax ID number, is that necessary? Or can she use her SSN to file our taxes? Can anybody advise me what to do? Regards.

@foreignboy:
No, you do not need to get an ITIN number, use her SSN.

Thank you very much!

Agreed.

ITINs are not issued to SSN holders.

Hello AtlantaTaxExpert,

I have a little different situation here and no one could help us so far. I used to have a F1 visa status like a year ago. I worked at school, so I achieved a SSN. However, my F1 visa status has expired . I got married with an international and got a H4 visa status right now. Now, I cannot use my SSN since I am not allowed to work here with H4 visa. Should I still fill the tax forms with my SSN for the 2012 period ? ( I worked for school so I didn't get any amount more than 2000$)
My husband has H1 visa and he is a resident of GA. ( he is in 6th year in USA). Can we still apply for joint tax and claim me as a dependent ?

Thank you so much in advance,

Best

Tugce

You would still use the SSN, this number is for life.
You can file jointly and receive personal exemptions for both of you. A spouse is never a dependent, although the amount for the personal or dependent exemption is the same.
You would not be eligible for the EIC though if you SSN card states that it's not valid for employment

Everything TaxForAliens says is accurate; I have nothing of substance to add.