[bethlehemguy]

Hello,

I am on H1-B visa since last 3 years. Got married in 2008. Wife is on H4 visa. She does not work so she does not have an SSN # and does not qualify for the same. I have read that I will need an ITIN # to file together. But I don't know the process.

1) Do I finish up 1040 and fill up W-7 form and send it as tax return form and that is it?

2) Or first I fill up W-7 form to get ITIN number and only after I get ITIN number then work on 1040 and send it?

3) Also what about state and local returns? They to require spouse's SSN#, what do I do there?

Thank you.

[MukatA]

1. This is correct. Attach W7 with your tax return.
3. File only after you get ITIN. You may need to file for extension. Pay any tax due before April 15, 2009.

[bethlehemguy]

1. This is correct. Attach W7 with your tax return.
3. File only after you get ITIN. You may need to file for extension. Pay any tax due before April 15, 2009.

Thank you for your response.

I now understand that for federal return, I will have to file for extension, fill up 1040 and w-7 to get ITIN number. And only when I get ITIN number, then I will file for federal tax return. Since last year, I had not claimed any dependent, so I will get a federal refund. So is it OK that since I know that I will get a refund, that I just file for extension and that's it?

Also, what about state and local tax returns? They too ask for spouse's SSN#? How do I deal with this?

Thanks for all your help.

[MukatA]

No, this is not what I said.
I did not talk about filing extension, which is not required for federal return unless you want to miss April 15, 2009.
I never said that file tax return when you get ITIN. I said "attach W7 with your tax return" and send it to IRS.