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    jonathanann's Avatar
    jonathanann Posts: 10, Reputation: 1
    New Member
     
    #1

    Feb 13, 2011, 09:07 PM
    Is my wife eligible for ITIN ?
    Hi,
    I am in really confusing situation and none can give me a good answer. Please help.
    I am a resident alien with L-1 visa, and got married in September, 2010.
    My wife is not US citizen as well, and she studies back home. She was in US on L-2 visa in October, 2010.
    We did not apply for SSN that time(L-2 holders are eligible) and now she is back home, pregnant. She can't come to US, and I plan to leave USA in couple of months as well.

    I want to file jointly now, but need either SSN or ITIN. Since she does not have a valid L-2 visa anymore she is not eligible for SSN. But, IRS require denial of letter from SSA office. What should we do now, please advice...
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
     
    #2

    Feb 13, 2011, 10:42 PM

    You will atttach W-7 (ITIN application) with your tax return. IRS does not require denial letter from SSA office to issue ITIN.
    jonathanann's Avatar
    jonathanann Posts: 10, Reputation: 1
    New Member
     
    #3

    Feb 14, 2011, 05:44 AM
    But, why it mentions it in the updated W-7 instructions. Have a look at the last paragraph of the "Purpose of Form" section.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #4

    Mar 8, 2011, 12:17 PM
    The denial letter possibly makes the process go a bit faster, but the SSA is not consistent in issuing the denial letters. THAT is the reason it is NOT required.

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