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annajik · Mar 4, 2008, 04:39 AM

Hi,
I am an Indian Citizen. In Feb 2007, I travelled to US on H1 Visa. Later my wife joined me in March 07. We were in US till Oct 31st 2007 and both of us returned back to India.

Next week I will be travelling to US. For filing the tax returns I need an ITIN for my wife. I am planning to apply for ITIN after I reach US.
1. What should I select the option in W7.
2. Should my wife be signing the ITIN or can I sign for her. Is it that myself applying for the ITIN or my wife.
3. Since I cannot carry my wife passport with me to US, with whom should the passport copy be attested in India.

I 'd really appreciate any help of yours on this!!

Thanks in Advance for your time on this...

Thanks,
Venkata Annaji.

ellensimich · Mar 9, 2008, 11:02 AM

Hi guys,

My situation somewhat similar to yours (my husband has H1 and I have H4. We were in US all the time though) and here is what I’ve learned so far:

1) This question was confusing to me too, but I think that when stating a reason for applying for ITIN you should choose option e: Spouse of US citizen/resident alien.

In IRS Publication 519 (2006), U.S. Tax Guide for Aliens (Publication 519 (2006), U.S. Tax Guide for Aliens ), there is a simple test you can use to decide if you are nonresident or resident alien - http://www.irs.gov/publications/p519/15023t02.html

In my case, both my husband and I were physically present in US more than 183 days.

2) I believe she should sign for herself but you can download the W7 from the Internet, the IRS site and you can fill it in together while in India. Individual Taxpayer Identification Number (ITIN)

3) You don’t need your wife’s physical passport to apply to ITIN. She should copy the passport, get the copy authorized by local government, translate that authorization and then notarize it. I did all this in my consulate here.

I hope this helps.
Ellen

Disclaimer: I’m not a Law nor Tax official, have no formal education or experience in this filed. I’m solely stating my experience and opinion and can’t be held responsible for their application.