My spouse and dependent came to US on F2 visa and her status was changed into h4B last year. Since I am resident alien in US based on the my time in US (also my spouse and dependent they both meet substantial prescience test ) , I need to file a W7 for my wife and dependent. However my spouse and dependent never left US and do not have a VISA stamped on the passport. Where as w7 wants me to provide a visa number on the form. We have a status change letter I797 from USCIS which has a EAC serial number.

Should I just input this number as VISA number and attach a copy of this document?

Anyone has any input what information do I need to provide on this W7 Visa field?

You CAN put the I-797 EAC serial number where the visa number would be, or you can leave it blank.

Assuming you are going to an IRS Tax Assistance Center (see below for details) to submit the application, I would leave it blank, bring the passport and cancelled visas plus the I-797s and complete it there with guidance from the IRS official who is inspecting their passports.

BEST ALTERNATIVE: The IRS also has Tax Assistance Centers through which you may be able to have the passport verified as genuine, then submit the tax return and Form W-7 IN PERSON to be forwarded to the ITIN Processing Center in Austin, Texas for processing , without having to get the photocopies certified by your home country consulate.

You go to the TAC with your wife and/or children, her passport, the SIGNED Forms W-7, and the completed and SIGNED tax return with your W-2s.

The IRS official verifies the passports, asks a few questions, completes the certification paperwork, checks the Forms W-7 and tax return, then returns the passports with a receipt for the tax return and Forms W-7, which is sent to Austin, Texas for processing.

You leave the TAC with your wife and/or family, the passports and a receipt for the Forms W-7 and the tax return.

You would get the ITIN about six weeks after you left the TAC.

The tax returns are NOT processed at Austin, Texas, but rather forwarded to the regional IRS centers for processing, so the refund will come about one month AFTER you get the ITIN letters.


The list of the TACs are at the link below:

http://www.irs.gov/uac/TAC-Locations-Where-In-Person-Document-Verification-is-Provided[/SIZE][/FONT][/COLOR]