[nanakbanerjee]

Hi,

I was in US from June 1st 2010 to November 10th 2010. I want to claim tax benefit as my wife was with me as a dependent in US. But she didn't get her SSN or ITIN done. Now we both are here, and I am not able to claim the tax benefit without SSN or ITIN no. of my wife. I found out that one can file for a ITIN No. through W7 form and sending the form along with necessary document by mail. However my wife has a EAD as she is on L2 Visa. So if we go back to US again and she gets a job and joins the same then can she get an SSN. I read somewhere that ITIN is only for those folks who are not eligible for SSN. But my wife is eligible for SSN. Is there a way that my wife can file for SSN from India?

[AtlantaTaxExpert]

Let's make this easy: you were NOT in the U.S. long enough to file as a dual-status or as a resident alien, so you cannot claim your wife as a dependent (on the dual-status return) or jointly (on the resident return).

So applying for the ITIN is a moor point.

You need to file as a non-resident alien, filing Forms 1040NR and 2106 to claim daily living expenses, plus the state tax return.

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