[bsan82]

Hi,

I have found this forum to be extremely helpful for individuals doing self-preparation of taxes. Can you please help me with my question on W7 and ITIN.

My case:
1. Oct 2008 - got H1B
2. Mar 2010 - Wife came to US on H4 Visa
3. Aug 2010 - H4 visa converted to F1 Visa ( haven't visited India since then so the Visa stamping is still h4 but we have the i797A from USCIS for F1 )

Question in W7 form:

1. Reason for submitting Form W7 ( Option e - Spouse of U.S. citizen/resident alien ? Or something else )
2. Should I fill the foreign address ( Option 3 in W7 form )
3. What documents should I notarize and send apart from passport ( i20 & i797A ? )
4. What should I write in 6c of W7 form? She doesn't have F1 visa stamping yet on passport. Which among the below options should I chose
a: H4 Visa, Visa number from passport and expiration of H4 visa
b: F1 Visa, "EAC-....." receipt number from i797A, "D/S" meaning duration of study

Thank you very much for taking time to answer my question.
I am eagerly waiting for your reply.

Thanks & Regards.
Santosh

[AtlantaTaxExpert]

1) That is the correct reason.

2) No; just put your home country.

3) Send the notarized passport photocopy; also send a photocopy of the visa picture and the I-94 which do NOT have to be notarized.

4) Put the EAC information from the I-797, and send a copy of the I-797

[bsan82]

Thank you very much for the clarification.

My wife would be eligible to apply for SSN in about 3 weeks from now. Once she gets the SSN ( sometime in May may be )should I do anything about the tax I would have already filed before April 15th?

Thanks,
Santosh

[AtlantaTaxExpert]

No, not if you have already filed and got the ITIN.

[bsan82]

Thank you for the quick reply.
In regard to the reply, I have read that it takes about 4 weeks - 8 weeks to get ITIN.
Would there be a problem if I would have applied for SSN during my ITIN processing ? What should I do if I have to apply for SSN in about 3 weeks from now. Should I wait until my ITIN gets approved ?

Thank you again,
Santosh

[AtlantaTaxExpert]

If you apply for and get the SSN before the ITIN, the ITIN application will be denied; they cross-check with the SSA before issuing the ITIN.

[bsan82]

Thanks. I am slightly confused what to do now.
I HAVE to apply for SSN for my wife in a couple of weeks ( when she gets the necessary documents ) because she will be joining a firm. And I also have to file taxes before April 15th. What should be my action ?

1. File now (before April 15th ) and also apply for SSN during ITIN processing ( in mid April ) ? The IRS will figure it out and still accept my returns
2. Don't file until get SSN, but I would have missed the April 15th deadline ? What to do ?
3. YOUR BEST SUGGESTION

I can't postpone the application of SSN so what can I do assuming I have to apply for SSN but during mid April.

Thanks again,
Santosh

[AtlantaTaxExpert]

Do not make this more complicated than it is.

Apply for the ITIN. If it causes the ITIN application to be denied, you just amend the return with her SSN.

[bsan82]

I appreciate your patience. Thank you for all the clarification.

Thanks,
Santosh

[AtlantaTaxExpert]

I meant for you to apply for the SSN.

In any event, glad to help!

[bsan82]

Right, I got that. Thank you.

[raghu_san]

Hi,

This is Raghu. I am in an exact situation as described in this chain but
I have already applied for SSN for my wife on F1 and it is in processing and now I am filing the taxes Jointly.

If I don't get the SSN before 15th, what should I be doing ? What should I fill in the field "Spouse SSN" in 1040A ?

Thank you
Raghu

[AtlantaTaxExpert]

File an extension and wait for the SSN.

Any ITIn application will be rejected, so that is the only thing you CAN do.

[raghu_san]

Thank you very much for the quick response. I will file for extension.

Regards,
Raghu

[AtlantaTaxExpert]

Glad to help!