I am working in US on L1-B Visa form India. My spouse and kids are in India, They will come for a short trip of 2 months on L2 visa and go back to India.

1. When I want to open a Roth IRA a/c, I am unable to list my spouse as beneficiary sine she does not have SSN, She will not be eligible for SSN. CanI apply for ITIN for her and use that in IRA application form?

2. I am filing the TAX return as single, Am I legally correct to apply for ITIN for my spouse when she comes in April and goes back in June? I can not use her ITIN in tax return since her stay is going to be around 60 days only.

Thanks,
Srini

Srini:

You CAN file jointly with your wife on your 2007 tax return; her physical location is NOT relevant. She will have to claim any income earned in India, but, considering that you can also claim your children as dependents under this process, that fact should not stop you from filing jointly.