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    ketsh's Avatar
    ketsh Posts: 5, Reputation: 1
    New Member
    		  
    #1

    Nov 13, 2006, 04:54 PM
    Form W7 clarification
    Hi,

    I am on H1B here starting Oct 1 06. And my wife and daughter have joined me Oct 16. And they will be going back to india for a period of 4 months at end of nov 06. I asked question about taxes in my case and got the reply of I can get all my tax refund for this year after filing tax return.

    I have another question, when I file my tax return, I will be submitting 2 W7 forms. 1 for spouse and 1 for child. I will submit their passport copies together with the form. I will also submit the I-94 copies.
    Question is do I need to notarized these copies? Or I can just sumbit them as normal xerox copies?

    If I have to notarized them, do you know how to notarize a xerox copy in US?

    Thanks in advance.

    Ketan
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Nov 13, 2006, 08:03 PM
    Ketan:

    If you apply for the ITIN, you do need to notarize the photocopies of the passport. Unless you live in Calfornia, you can get it notarized at any bank by bringing the copies and showing them the actual passports.

    However, you must file a dual-status return because, even though you are married, you cannot opt to be treated as a resident alien because you and your wife BOTH will not be in the U.S. for at least 31 days at the end of the year (for the month of December, in other words).

    Because you will file dual status, you will NOT be able to claim your wife or child as a dependent because they are NOT with you in the U.S. long enough.

    How much will you make in Oct - Dec 2006 AND which state do you live in?

    You
    ketsh's Avatar
    ketsh Posts: 5, Reputation: 1
    New Member
    		  
    #3

    Nov 13, 2006, 09:53 PM
    Hi,
    Thanks for the reply.
    I am in California. Is there a different process for California for notarization?

    My wife and daughter are here starting 16th Oct to 30th Nov. And I have their passports now which I can get xerox and notarized if required (need to know the process with which I can get it notarized). And I am here on H1 starting 1st Oct , and will be here only. I am not going back. So I will be here till end of year, in fact next year also.

    Do I need to file dual status still? Please let me know.


    -Ketan
    ketsh's Avatar
    ketsh Posts: 5, Reputation: 1
    New Member
    		  
    #4

    Nov 13, 2006, 09:57 PM
    Hi, Sorry, Forgot to answer your question - I will be making approx $22000 before tax.
    And as I wrote I am in California.

    Please let me know how I will be filing my tax return and can I get refund of tax?

    -Ketan
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #5

    Nov 14, 2006, 09:01 PM
    Yes, dual status is your only option. You cannot claim the standard deduction on dual status, but you will be able to deduct moving expenses from India (as an adjustment to income) and the California state income taxes withheld from your check (as an itemized deduction).

    As for applying for the ITIN for your wife and child, what's the point? You cannot claim them as dependents on your dual status return.

    Next year, you can claim your child as a dependent and file jointly with your wife (assuming they will be with you for most of 2007). At that time, you should apply for the ITIN. You may need to get the photocopies certified by the Indian Consulate, because California will NOT allow notarization of photocopies. That situation is unique to California.
    chap_2010's Avatar
    chap_2010 Posts: 2, Reputation: 1
    New Member
    		  
    #6

    Mar 11, 2007, 10:39 PM
    Quote Originally Posted by ketsh
    Hi,
    Thanks for the reply.
    I am in California. Is there a different process for california for notarization?

    My wife and daughter are here starting 16th Oct to 30th Nov. And I have their passports now which i can get xerox and notarized if required (need to know the process with which i can get it notarized). And I am here on H1 starting 1st Oct , and will be here only. I am not going back. So i will be here till end of year, infact next year also.

    Do I need to file dual status still? Please let me know.


    -Ketan
    Hi Ketan
    How long does it take to get ITIN #, in California.
    -chap
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #7

    Mar 13, 2007, 06:23 PM
    4 to 6 weeks
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