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vikashrk · Sep 18, 2009, 10:09 AM

Hi,

I am in H1 since 2007. My wife has joined me this year in June.

I want to apply ITIN number for her and need some clarification.

Below are the questions, request you to reply

1) Can I apply the ITIN number for my wife now?
2) Which option like a, c,d,e,f,g,h I have to choose. I think I have to choose option b) NON-resident alien filinf US tax return and g) Dependet/spouse of a non resident alien holding US Visa
3) In the form we have a section as Other information, in that we have sub section as 6c.
I have given Type of Visa as H4 and its expiration date. What number I have to provide in the form is it I94 number or H4 visa number

Thanks for the help.

Regards,
Ramakrishna.

MukatA · Sep 18, 2009, 11:33 PM

Normally, you will file W7 (ITIN application) for your spouse with your joint tax return. You will file resident return as married filing jointly. You were eligible to file joint return as residents even for 2007 and 2008 even when your spouse has never been to the U.S.
On W7 you will choose spouse of a resident alien.

vikashrk · Sep 19, 2009, 08:58 AM

Hi,

Thanks for the information.

So I can apply ITIN for my wife only when I file 2009 tax in 2010.

And I cannot apply now? Please confirm

Regards,
Ramakrishna.

Five Rings · Sep 21, 2009, 09:27 AM

You cannot apply now. Since you can claim no exceptions you must include a tax return.

I concur with MukatA; you check box (e). You are resident in the US by substantial presence.

AtlantaTaxExpert · Sep 21, 2009, 11:44 AM

There are TWO ways you can apply for an ITIN now:

1) Your wife wants to open a U.S. bank account or U.S. brokerage account in her name, and needs an ITIN for that purposes. She will need a letter from the bank or brokerage house stating the requirement for an ITIN to send with the Form W-7.

2) Your wife wishes to attend school to further her education, and the school requires she have an ITIN. A letter from the school stating the need for the ITIN will be required to be attached to the Form W-7.

Other than these two instances, you will need to wait until you file your 2009 tax return.

vikashrk · Sep 21, 2009, 01:02 PM

Hi,

Thanks for the information. This clarifies me that I can apply ITIN only at the time of filing taxes.

So, is that the Option (E) alone is sufficient or do I need to mark any more options.

Sorry for asking the question again and again, I am just so confused by the way resident alien and Nonresident alien

And also what about the number I have to fill in the column 6C:Type of U.S. visa (if any), number, and expiration date

I gave Typs of US visa as : H4
Number : Which number I have to provide is it Visa number or I94 number or my petition number

Thanks for the help.

Regards,
Ramakrishna.

Five Rings · Sep 21, 2009, 01:55 PM

Check box (e) only.

On the visa number I have no idea

AtlantaTaxExpert · Sep 22, 2009, 11:38 AM

Regarding which visa number to provide, I asked that question to the IRS about two years ago.

I was told to provide BOTH the 15-digit Handling number located in the upper right hand corner of her visa PLUS the red 8-digit number in the lower right hand corner of her visa. Since there is room for both in block 6c of Form W-7, I continue to do so to this day.

vikashrk · Sep 25, 2009, 08:32 AM

Thanks for the information.

This helps.

AtlantaTaxExpert · Sep 25, 2009, 12:03 PM

Ramakrishna:

There IS a third way for you to get an ITIN for your wife, that is to amend your 2007 or 2008 return to file jointly, assuming that you were married those years.

You can file jointly with your wife even if she was in your home country; her physical location is irrelevant. The only downside is that you must her income on the tax return, but that income can be at least partially offset by claiming the Foreign Tax Credit.