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uscboy · Feb 16, 2009, 10:03 AM

My father visited the US two times in 2008 on B2 (visitor visa) amounting his total stay to more then 180 days. I am the sponsor (I-134) for his visits.
Can get a ITIN for him by filing the W7. I am currently a H1B visa holder and filing as married jointly with my wife who is also a H1B holder. I file 1040 so I am resident alien for tax purposes.

If I can file;
1) What option do I have choose as reason for filing W7? ; "Dependent of US Citizen/Resident Alien" OR "Dependent of a non-resident alien holding US Visa"
2) Will I file W7 with my 1040? Or before that?

Thank you in advance.

Uscboy

MukatA · Feb 17, 2009, 02:21 AM

Even if your father has completed SPT, he becomes Dual Status. IRS may reject the ITIN application.
Normally, you attach W7 (ITIN application) with your tax return. You are resident alien.

uscboy · Feb 17, 2009, 07:10 AM

Dear MukatA,

Thank you for taking the time to reply to my question. As it looks uncertain whether I may be able to claim him as dependent or not, I better not apply for his ITIN and jeopardize his or my visa status.

Thank you for clarifying

Uscboy

Originally Posted by MukatA

Even if your father has completed SPT, he becomes Dual Status. IRS may reject the ITIN application.
Normally, you attach W7 (ITIN application) with your tax return. You are resident alien.

AtlantaTaxExpert · Mar 11, 2009, 10:34 AM

In my opinion, you can and should claim hm as a dependent, because, IF you provided more than half of his total support, you have met the critieria for claiming him under IRS regulations.

The worst that could happen is that the IRS refuses to issue him an ITIN.

There will be NO adverse effects on either your or his visa.

uscboy · Mar 13, 2009, 09:56 AM

Originally Posted by AtlantaTaxExpert

IMHO, you can and should claim hm as a dependent, because, IF you provided more than half of his total support, you have met the critieria for claiming him under IRS regulations.

The worst that could happen is that the IRS refuses to issue him an ITIN.

There will be NO adverse effects on either your or his visa.

Dear AtlantaTaxExpert, thank you for your reply. I had already filed the taxes and did not apply for my father's ITIN. But probably will do it next year.