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sundarj6666in · May 3, 2008, 11:50 PM

1) I am a resident under Substantial Presence Test, having SSN and my wife is a not having SSN.
Can my wife who is a non-resident, file a separate return for her using 1040EZ married filing separately (her income 0, my SSN will be noted as spouse) and enclose W7 and a copy of my W2 to get an ITIN for her?
OR
I must to send a married filing jointly using 1040EZ, enclosing W7 and other documents to get a ITIN for my wife and the refund for me?

The idea is that I do not want my return and refund affected, if the IRS rejects the married filing jointly retun, stating that they do not accept the passport and visa notarized by an Notary in India.

2) In case of W7, will the xerox copy of my wife's passport and visa notarized by a Notary Public in India will be sufficient?

MukatA · May 4, 2008, 05:46 AM

1. You can file a separate return even without ITIN of your spouse. Instead write "spouse nonresident alien."
2. You should file a separate return or joint return, it is hard to tell without more info: Your citizenship, type of visa, when did you enter the U.S.
3. You can also send W7 with your tax return.
4. IRS will not accept notarized by a foreign notary. Go to the U.S. embassy and get it notarized there.

sundarj6666in · May 4, 2008, 06:17 AM

The following are the info:
Both are Indian Citizens. My visa is L1A and I came to US on 26th Aug 2007. My wife visa is L2 and has not come to US. I will be completing on 22nd May 2008, the 183 days for becoming a resident under Substantial Presence Test. 127/3=42(2007)+142(2008 on 22nd May)=184 days.
My question are:
1)Whether my wife can file 1040EZ on 22nd May 2008 ( spouse of resident) as married filing separately to get her ITIN by attaching W7 with a copy of my W2, stating her earned income as 0 ? Or she has to get her ITIN by filing 1040EZ jointly with me
2) Is there any instances of IRS accepting India Notarized documents for W7 ( In India there are Notarized Publics officially appointed by Indian Government)
Thanks

AtlantaTaxExpert · May 5, 2008, 08:22 AM

1) Your wife CANNOT file her own Form 1040EZ, as she was NOT a resident alien for EVERY day of 2007. She MAY be able to file Form 1040NR-EZ, but she has no income and therefore no reason to file a return by herself, so it is likely the IRS would reject the ITIN request. That leaves filing jointly with you.

2) Do not think so. as the IRS has rejected passport photocopies certified by the Indian Government itself.