[sarumithra]

Hi,

I arrived in the US last year on Oct. 4 on an H4 visa. Am I a resident alien or non resident alien for ITIN (W7)? Or I have to apply for ITIN After April 5, 2007 , which completes the 183 days presence in the USA to get the resident status?

Thanks in advance for your help!

[AtlantaTaxExpert]

If you are H4, your spouse must be H-1 or H-1B.

For sure, if your husband arrived before 2 July 2006, you will NOT have to wait, because he meets resident status under the dual-status requirement and you can file as his non-resident wife.

Further, In my opinion, you do NOT have to wait even if your spouse arrived in country after 2 July 2006.

[sarumithra]

Thanks very much for your quick response!

I have one more question! If my husband is an resident alien, what reason should I select in the W7 form? My guess is "Spouse of U.S. citizen/resident alien" please clarify me whether this is the correct option or if it is not a correct one suggest me the correct option?

Thanks again for your help

[AtlantaTaxExpert]

Your guess is right. Select "Spouse of U.S. citizen/resident alien".

[sarumithra]

Thank you so much for all your help! :)

[AtlantaTaxExpert]

Glad to help!