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    aniruddha0209's Avatar
    aniruddha0209 Posts: 8, Reputation: 1
    New Member
    		  
    #1

    Apr 5, 2011, 08:56 AM
    Person can file ITIN only if he stayed in US for more then 180 days?
    To file ITIN is there any rule that the person should have stayed in USA for at least 180 days?
    I have to file ITIN for my wife and she stayed in US for 48 days and I stayed for 152 days.

    Someone said that IRS will reject the application if applicant has not stayed for more than 180 days.
    Is this correct?
    taxesforaliens's Avatar
    taxesforaliens Posts: 649, Reputation: 117
    Senior Member
    		  
    #2

    Apr 6, 2011, 11:48 AM
    There is no limit of days for applying for an ITIN. However, if you stayed only 152 days, you are a non-resident alien and you cannot file a joint return, only married filing separately. You would not need an ITIN for your spouse for a married filing separately return
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