[siva_boston]

I am in the same situation.
I am filing for 2007 tax returns and I got married in 2007 and would like to file with married jointly(since she is on h4).

Can you please send me the procedure on how to apply this year?
I would like to try turbo tax, fill the forms, print them and file them along with w-7 form. But don't know how far I can succeed. Is this is the right way to do?
Thanks

[AtlantaTaxExpert]

Siva:

You have to attach a statement (signed by BOTH your and your spouse) to the return declaring that you qualify for First Year Choice and that you both CHOOSE to be treated as resident aliens for all of 2007.

Other than that, the TurboTax forms should suffice.

[Nani24]

I am in the same situation. I got married in February 2007 and my wife came to US in May 2007. I am working on H1 visa. She does not have Tax ID or SSN now. Shall I file my taxes this year having her as dependent without Tax ID? Also, she may be getting her Social Security Number in two weeks as her H1 B is approved now. Can I use that SSN to file jointly? My email is mammu_handsome at Yahoo dot com.
Thanks in advance.

[amanoosi]

I have a same problems as others .I came to US last October n got my first paycheck in December because I was on bench earlier now my first question is that am i elligible for the tax return and second question is my wife is on H4 then how can i apply for her ITIN?

[MukatA]

If you income is more than $3,400 you must file your tax return.

If you have H1-B, then you are not resident in 2007. You will be resident when you meet SPT test in 2008. Then you can apply for ITIN for your wife.

[amanoosi]

Thanks mukta my income was just $1000 so what should I do should I file my returns and can I apply for her ITIN without filling my retuns

[dilipnarayanan]

Here I am having a question.

I came in H1 along with my Wife H4 and in Feb 2008 and in US Payroll since April 2008.

A) Do I need to apply for ITIN right now?? If Yes what are the Procedures

(OR) Do I need to wait till I file my first tax returns

I may be returning to India any time once my assigned task is finished and may be before March 2009. In this case What I need to do?

I request experts to advice me on this case.

[AtlantaTaxExpert]

To Amanoosi:

If you made ONLY $1,000 in U.S.-sourced income in 2007, you have NO LEGAL REQUIREMENT to file any type of tax return for 2007. You CAN if you want to, and by doing so, you can apply for and probably get the ITIN for your spouse, but you can also wait until NEXT year (2009) and apply for the ITIN with your 2008 tax return.

Your choice!

To Nani24:

Wait for your wife's SSN to be issued, then file using the SSN. The IRS checks if a SSN is pending before they issue the ITIN, so applying for an ITIN at this point in time would be waste of time.

To Dilipnarayanan:

1) You MUST wait until you file your 2008 tax return before you can submit Form W-7 for an ITIN (unless your wife has a special need for the ITIN, such as to attend school).

If you return to India before you can file the 2008 tax return in January 2008, you will simply need to file the tax return and the W-7 FROM India.

I do this all the time for clients in India, and with email and PDF copies of the forms, and possible efiling, it is not as hard as you would think.

Advice: If you DO return to India prior to filing the tax return, keep your U.S. bank account open. That way, the refund from the IRS (and probably from the state) will be able to be direct deposited. Neither the IRS nor any state will direct deposit into a foreign bank account.

[dilipnarayanan]

To Dilipnarayanan:

1) You MUST wait until you file your 2008 tax return before you can submit Form W-7 for an ITIN (unless your wife has a special need for the ITIN, such as to attend school).

If you return to India before you can file the 2008 tax return in January 2008, you will simply need to file the tax return and the W-7 FROM India.

I do this all the time for clients in India, and with email and PDF copies of the forms, and possible efiling, it is not as hard as you would think.

Advice: If you DO return to India prior to filing the tax return, keep your U.S. bank account open. That way, the refund from the IRS (and probably from the state) will be able to be direct deposited. Neither the IRS nor any state will direct deposit into a foreign bank account.

Hi Atlanta tax expert,

I returned to India. Now I got the PDF copy of W2 form and I have w7 Form filled along with attested copy of passport for my wife.

Could you please guide me on how to file the returns.

Do I need to fill any other forms?

Also I heard that I cannot file electronically since I need to apply for ITIN for my wife and hence I need to send the completed forms to different address.

[AtlantaTaxExpert]

I cannot walk you through the filing process; it is too complex.

I can, for a fee, prepare the return and Form W-7 for you, then email back to you for signature and mailing.

If interested, contact me at [email protected].

[dave1979]

Hi
I am in the same situation, got married and brought my wife in may 2008. So I am planning to file as married filing jointly for the year 2008. I like to know how to proceed with this. As u said earlier I have to file W-2 requesting ITIN for my wife. Please send me the links and the information to my mail id [email protected]

Thanks in advance

[AtlantaTaxExpert]

Have sent you the requested email.

[syama1]

I came to US on June 2009 and My wife joined me in Feb2010 I am planning to file as married filing jointly for the year 2009. I would like to know how to proceed with this as the turbo tax not allowing without SSN or ITIN.As you said I have to file W7 form for my dependent to get ITIN

1. How to take the extension as the last date is April 15th in turbotax its not allowing to take extension without wife's ssn or itin if I choose filing jointly for extension.

2. If I understood correctly I will fill the form in turbo tax 1040 and take printout and then attach W7 form and send it through mail.

I will appreciate if you answer and provide me the link also know me how to take extension for my filing.

Thanks

Syama Mishra

[email protected]
774 269 4265

[AtlantaTaxExpert]

The way to file your extension would be to PRINT the Form 4868, and then print "APPLIED FOR" where her SSN would go, then mail the Form 4868 to the IRS Center in Austin, Texas.

[alita77]

Hello I recently moved to the States after getting married February 25th, I moved 4th of March, I am in a H4 visa. I can't apply for a SS number but I can for ITIN.
I am ask for a federal income tax return, how do I get one, my husband is in a H1b visa. Thank you

[AtlantaTaxExpert]

If you just got married, you CANNOT file a return for 2011. Tax Year 2012 is the first year you will file, and that will not happen until January 2013 at the earliest.

You must WAIT until the tax return filing before you can apply for your ITIN by submitting Form W-7 with the return.

You can apply early ONLY if you need to apply for a bank account or if you are attending school, in which case you need a letter from the bank or school stating you need the ITIN for that reason.

[alita7711]

Thank you very much, I have a second question. My husband is an H1b visa wich expires this September, he has been in that visa for 6yr, so if he is changed to a J1 visa after a year can he be changed to a H visa again to do his waiver or we have to leave the country? Thank you

[AtlantaTaxExpert]

This question is NOT a tax question, but rather a LEGAL question which should be posted in the LAW Forum under Immigration Law.

[sunsetua]

Dear AtlantaTaxExpert',

I am on a H4 visa with my husband, who is on H1B visa. We applied for his SSN. Do I need to apply for my personal TIN? I also going to create a small company on LLC and want to know do I need to create for that Business TIN or I can use my personal TIN? Can I have Both and is it reasonable

Thank you,
Juli

[taxesforaliens]

Hi Juli,

You could apply for your ITIN when you file your tax return next year.
On H4 you do not have a work authorization, so you cannot start your own business. You could only be an investor in one.