Hi,
I am on H1 and will be filing the Fed Tax as "married filing jointly" with my wife. I would need to submit a W-7 for my wife (on H4) as she does not have SSN. Looking at the revised W-7 at the IRS site - I want to know what's the correct option for my wife - for applying for ITIN
Option (c) - U.S. resident alien (based on days present in the United States) filing a U.S. tax return
OR
Option (e) Spouse of U.S. citizen/resident alien

Per the instructions I see that she does not qualify for (e) - so only (c) is left. Wanted to confirm if I am on the correct track.
We are in US from April 2006 - so think we qualify as resident aliens based on the days present in US.

Thanks in advance.

Regards,
SM

Select Option E. Since you are filing jointly with your wife, YOU are choosing to be treated as a resident alien for all of 2006.

Hello - Many Thanks for the response.

But I am a bit confused with the definition of (e) as given below - not sure if my
Wife qualifies for either of them as she would also be probably be treated as a
Resident alien as she is in US from April 2006. Can she be treated as non-resident alien as
Both points below refer to it and does not mention resident alien. Please suggest.

e. Spouse of a U.S. citizen/resident alien. This category includes:

1. A nonresident alien husband or wife who is not filing a U.S. tax
Return (including a joint return) and who is not eligible to obtain an
SSN but who, as a spouse, can be claimed as an exemption, and

2. A nonresident alien electing to file a U.S. tax return jointly with a
Spouse who is a U.S. citizen or resident.

Thanks Again.

Regards,

SM

SM:

By filing jointly, you BOTH are choosing to be treated as resident aliens.

Hence, choose Option E.

Trust me; it IS the correct choice.

Hi,

I Have applied for ITIN for my wife along with my Federal Tax Return through Mail. Since I could not file Electronically without SSN.

How many days it would take to get the TAX Return.

Will they process my Returns before they send me the ITIN(Because I have read it would take 4-5 Weeks to get an ITIN)

Thanks & Regards
Sam

Sam:

In January, the IRS was getting the ITIn issued and mailed in about three weeks.

However, volume is a LOT heavier now, so 4-5 weeks is about right.