Hi,

I have found this forum to be extremely helpful for individuals doing self-preparation of taxes. Can you please help me with my question on W7 and ITIN.

My case:
1. Oct 2008 - got H1B
2. Mar 2010 - Wife came to US on H4 Visa
3. Aug 2010 - H4 visa converted to F1 Visa ( haven't visited India since then so the Visa stamping is still h4 but we have the i797A from USCIS for F1 )

Question in W7 form:

1. Reason for submitting Form W7 ( Option e - Spouse of U.S. citizen/resident alien ? Or something else )
2. Should I fill the foreign address ( Option 3 in W7 form )
3. What documents should I notarize and send apart from passport ( i20 & i797A ? )
4. What should I write in 6c of W7 form? She doesn't have F1 visa stamping yet on passport. Which among the below options should I chose
a: H4 Visa, Visa number from passport and expiration of H4 visa
b: F1 Visa, "EAC-....." receipt number from i797A, "D/S" meaning duration of study

Thank you very much for taking time to answer my question.
I am eagerly waiting for your reply.

Thanks & Regards.
Santosh

1) That is the correct reason.

2) No; just put your home country.

3) Send the notarized passport photocopy; also send a photocopy of the visa picture and the I-94 which do NOT have to be notarized.

4) Put the EAC information from the I-797, and send a copy of the I-797

Thank you very much for the clarification.

My wife would be eligible to apply for SSN in about 3 weeks from now. Once she gets the SSN ( sometime in May may be )should I do anything about the tax I would have already filed before April 15th?

Thanks,
Santosh

No, not if you have already filed and got the ITIN.

Thank you for the quick reply.
In regard to the reply, I have read that it takes about 4 weeks - 8 weeks to get ITIN.
Would there be a problem if I would have applied for SSN during my ITIN processing ? What should I do if I have to apply for SSN in about 3 weeks from now. Should I wait until my ITIN gets approved ?

Thank you again,
Santosh

If you apply for and get the SSN before the ITIN, the ITIN application will be denied; they cross-check with the SSA before issuing the ITIN.

Thanks. I am slightly confused what to do now.
I HAVE to apply for SSN for my wife in a couple of weeks ( when she gets the necessary documents ) because she will be joining a firm. And I also have to file taxes before April 15th. What should be my action ?

1. File now (before April 15th ) and also apply for SSN during ITIN processing ( in mid April ) ? The IRS will figure it out and still accept my returns
2. Don't file until get SSN, but I would have missed the April 15th deadline ? What to do ?
3. YOUR BEST SUGGESTION

I can't postpone the application of SSN so what can I do assuming I have to apply for SSN but during mid April.

Thanks again,
Santosh

Do not make this more complicated than it is.

Apply for the ITIN. If it causes the ITIN application to be denied, you just amend the return with her SSN.

I appreciate your patience. Thank you for all the clarification.

Thanks,
Santosh

I meant for you to apply for the SSN.

In any event, glad to help!

Right, I got that. Thank you.

Hi,

This is Raghu. I am in an exact situation as described in this chain but
I have already applied for SSN for my wife on F1 and it is in processing and now I am filing the taxes Jointly.

If I don't get the SSN before 15th, what should I be doing ? What should I fill in the field "Spouse SSN" in 1040A ?

Thank you
Raghu

File an extension and wait for the SSN.

Any ITIn application will be rejected, so that is the only thing you CAN do.

Thank you very much for the quick response. I will file for extension.

Regards,
Raghu

Glad to help!