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    avnid's Avatar
    avnid Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Mar 15, 2011, 02:43 AM
    ITIN for Spouse
    Hi,
    I had worked in USA on H1 Visa from Jan till Nov 2010 (more than 180 days)
    And my wife had stayed in USA on H4 Visa from March till August 2010 (less than 180 days)
    Do I need to apply to ITIN for my spouse while filing my US tax returns to claim her as a dependent

    ***. Clarify
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Mar 23, 2011, 04:18 PM
    Even though you stayed in the U.S. for more than the 183-day Substantial Presence Test, you did not END the year in the United States, so you CANNOT file jointly with your wife. All you can do is file dual-status and claim your wife as a dependent.

    If she is to be claimed as your dependent, you need to submit Form W-7 to get her an ITIN. This is somewhat more complex when done from a foreign country, but it CAN be done, because I HAVE done. It IS what I do.

    If you need professional help filing your return and applying for the ITIN, email me at [email protected] or [email protected].
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