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    anshul_tax's Avatar
    anshul_tax Posts: 3, Reputation: 1
    New Member
     
    #1

    Apr 19, 2008, 01:03 PM
    f1 student with wife and no itin
    Hi,

    I am a student on my OPT until Dec 2008 and my wife came to USA on Dec 2007. I din't have a ITIN for her . While filing taxes I claimed the exemptions as head of household and I am sending her ITIN documents now to IRS.

    Some one please let me know what documents are actually needed for her ITIN given that I claimed exemptions as head of household and I don't have any ITIN for her by now. I read in one of the forums that I can file for my taxes and apply for ITIN simultaneously.

    Do I have to file a return for her too individually? All I can find online for submitting w-7 is that every one is asking to send tax forms along with ITIN papers .

    Any hint wd be great.

    Thanks in advance,
    A
    lawanwadee's Avatar
    lawanwadee Posts: 3,653, Reputation: 124
    Immigration Expert
     
    #2

    Apr 19, 2008, 03:31 PM

    Her legal status is non-resident with no income, she does not need ITIN.
    You can file as married filing separately and put her ITIN/SSN as non-resident alien.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
     
    #3

    Apr 19, 2008, 09:34 PM
    Quote Originally Posted by anshul_tax
    Hi,

    i am a student on my OPT until Dec 2008 and my wife came to USA on Dec 2007. I din't have a ITIN for her . While filing taxes i claimed the exemptions as head of household and i am sending her ITIN documents now to IRS.

    Some one please let me know what documents are actually needed for her ITIN given that i claimed exemptions as head of household and i don't have any ITIN for her by now. I read in one of the forums that I can file for my taxes and apply for ITIN simultaneously.

    Do i have to file a return for her too individually? All i can find online for submitting w-7 is that every one is asking to send tax forms along with ITIN papers .
    Any hint wd be great.
    thanks in advance,
    a
    You can only file nonresident tax return. You are not head of household, even if you could have filed resident return--your wife is never your dependent.

    Also on the nonresident return, you don't get standard deduction and you can claim deduction as per tax treaty.

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