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deekolu · Feb 8, 2010, 10:43 PM

I have my W-2 forms with status married. And I would like to file jointly, but that needs by spouse SSn/ITIN number. For application of ITIN is my husband eligible? He is not in USA right now. He came to US and stayed for one month in 2008. Can I apply for ITIN he being not in USA..

MukatA · Feb 9, 2010, 02:51 AM

If you have not completed 5 years on F-1, you can not file joint return. Must file nonresident tax return.

deekolu · Feb 9, 2010, 05:04 AM

Thank you so much for your response. So can I change marital status on my W-2 forms to get maximum benefits on my returns. Is there a possibility like that. Because as W-2 forms show as married and I file as single I am losing lot of benefits.

AtlantaTaxExpert · Mar 4, 2010, 02:04 PM

You will file as a MARRIED non-resident alien and pay taxes under the Married Filing Separately tax table. Filing SINGLE is NOT an option.

Now, as an Indian international student, you ARE allowed to claim your husband as a dependent on Form 1040NR, provided your husband has NO U.S.-sourced income. He will need to get an ITIN, so you should submit Form W-7 to get him one.

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