[chinmoyghosh]

Hi
I was in USA in from May 2007 to Dec 2007 on H1 Visa.
Though I was alone for most of the duration in US ,my wife and children (2 sons minor) joined me for three weeks in Aug/Sep.


Can I claim refund / exemptions for my wife and children (all were on H4 Visa).

In that case what I have to do please advice.

Also please tell me how I can get ITIN number for my wife from India ?

Any clarification / help in this regard is highly appreciated.

Chinmoy

[AtlantaTaxExpert]

You can filed jointly with your wife regardless of her physical location. She could be on Mars for all the IRS cares.

The child is a different story. The IRS expects the child to be living with you for more than a few weeks in the U.S. to claim the child as a dependent.

I have submitted returns with the child NEVER being in the U.S. and have the ITINs issued and the exemption honored on one day, then the next day filed a return with the child being in the U.S. for 8 months and have the ITIN rejected.

There is no rhyme or reason to how ITINs are issued in Austin, Texas.

You can submit for an ITIN for both your wife and children. You should get the one for your wife with no problem.

As for the children, your guess is as good as mine.