[phcguerra]

Hi there,

First of all I want to thank you upfront for the help. I found tons of information on the forum, that's very helpful. I wanted some help on my situation:

- I current have a H1B visa.
- I'm getting married (tomorrow!) with my fiancé that has a F1 visa.

People at the company said I should change my status to married because of taxes. Looking on the internet it seems that my fiancé would need a ITIN (since she is not able/allowed to get a SSN with F1 visa) so I can declare her as my spouse. On the W7 form it says that we should file a tax form return with the W-7. What is this tax form return? Where can I find it? Is getting her a ITIN correct?

Again thanks for all the help.
Paulo

[AtlantaTaxExpert]

When you file your U.S. federal tax return for 2012 in January, 2013, you will submit Form W-7 to request an ITIN for your spouse. However, FIRST, attempt to get her a SSN (she may qualify if she is scheduled to work on CPT or OPT). If not, you must submit certified photocopy of her passport. The certification must be done by the embassy or consulate of her home country.

They will process the tax return and issue her the ITIN. When you receive the ITIN, you will then submit the state tax return.

[phcguerra]

Hi AtlantaTaxExpert,

Thanks for the fast reply!

Yes we expect her to work under a OPT in the future since now she is just studying English. On my understanding she has to study in a college/university to get an OPT correct? Will we be able to apply for a SSN after she went to the college/university if she already have a ITIN?

Thanks again for all the help,
Paulo Guerra

[AtlantaTaxExpert]

The ITIN is temporary and can be replaced by her SSN when it is issued to her.