[Mahavirjain2]

Hi

I am on H1 B visa. I landed here in US in Feb'07 along with my family.(spouse on H4,Daughter on H4-2yrs). And they were here for 3 months and return back to india in May 07. And informed same to employer about same for W-4 form. And I am planning to goback in Nov 07.

My Questions
1.) Can I file a married jointly ?
2) I don't have ITIN number to claim for spouse.
3) If I want to apply for the ITIN number now What are the documents needed.
4) Can it possible to submit my form from home Country?

I appriciate if somebody help in understanding this...

Thanks in Advance.
Jain

[AtlantaTaxExpert]

Jain:

1) No, you will need to file as a dual-status alien, which CANNOT be filed jointly. The dual-status return is NOT for amateurs; you need to get help from a tax professional who is familiar with such returns.

2-3) You will need to file Form W-7 with your tax return, one each for wife and daughter.

4) Yes, though it IS more difficult. This is because the photocopies of the passports need to be certified as true copies by a U.S. consulate.

[Mahavirjain2]

Thanks for quick response AtlantaTaxExpert

Please can you let me know what are the documents needed for W-7 form.

Is the photocopies of there passport is sufficient(Spouse,Daughter)?

[AtlantaTaxExpert]

The passport photocopies for wife and daughter ARE sufficient, if they have been properly notarized or certified by the U.S. consulate.

The W-7 instructions says that certification by the issuing authority (i.e. the Indian embassy or Indian government) is sufficient, but I have had one client's ITIN request rejected because the certification was NOT by the U.S. consulate.

The client resolved the problem by going to a local IRS office (his family had come to the U.S. while the initial ITIN request be being processed and eventually rejected), but the experience and expertise levels at the ITIN Processing Center in Austin, Texas leaves a LOT to be desired, so TRY to use the U.S. consulate if possible.