I am on L1. My wife has got a TIN number, and non resident in US( she is in India). My twin daughters are studying Engineering in India and they are not a resident of US.
Can I apply ITIN for my dependent duaghters who are aged 19 years and then claim them as dependants, in my Married filing Jointly return (Total number of claim is 3),as I am paying for their education?
Sundaresan Jayaraman

The dependent must be resident of the U.S. In case of spouse, the IRS treats even the non resident spouse as resident. In case of dependents, you should seek clarification from AtlantaTaxExpert. He has better knowledge about the latest position taken by the IRS.

Hi Atlanta Tax Expert,
May I request your answer to this question?
Sundar

Sundar:

Sorry, but Mukat has it right when it comes to your daughters. To be claimed as dependents, they MUST be physically located in the U.S.

An ITIN submission for them, without proof of them being physically located in the U.S. at least PART of the year in 2008, will be rejected.

As for your wife, HER physical location is irrelevent! She could be on Mars for all the IRS cares, because she is filing JOINTLY with you, and joint filings has no physical location requirement.