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jxm1073 · Mar 26, 2012, 05:36 PM

Hi,

I'm currently filing my 2011 tax returns and I'm in a dilemma whether to fill the w-7 form for my wife. My wife visited me on a B1 visitor visa for two months (June, July 2011) and she went back to India due to her academic commitments. Her visitor visa expired in Nov 2011.

The tax software given by my university automatically generated a w-7 for my wife with Jan 1 2012 as default dates for the fields I didn't fill in. Her visa expired in Nov 2012 but the software doesn't even show the year 2011 for expiration date field. Since my wife doesn't have a valid visa and she doesn't even live with me now, do I still need to file a W-7 form? Thanks

jxm1073 · Mar 26, 2012, 05:48 PM

I forgot to mention.. I'm on a F1 Visa.. currently on post completion OPT working as an intern in a company... Still a student as I need to submit my thesis next month... Thanks

AtlantaTaxExpert · Mar 26, 2012, 08:06 PM

The U.S.-India tax treaty allows you to claim your wife as a dependent as long as she has earned no U.S.-sourced income. Her physical location is irrelevant.

jxm1073 · Mar 27, 2012, 05:28 PM

Originally Posted by AtlantaTaxExpert

The U.S.-India tax treaty allows you to claim your wife as a dependent as long as she has earned no U.S.-sourced income. Her physical location is irrelevant.

Thanks a lot for your quick response sir.. I have a couple of more queries..

1. My wife is in India now. She can scan and send the copy of her passport. What may be the best way to notarize the copy of w-7? Will the notaries at my bank notarize the photocopy without even seeing the original? Or is it that she has to send the notarized copy notarized in India.

2. Can I sign on my wife's behalf of form w-7 as I see Signature of applicant/delegate in the bottom of the form. But I don't see husband as one of the delegate options. Is it OK if she signs and sends me a scanned copy of the document or it should be 'ink' signed.

3. I'm using a software provided by my university to fill up these tax forms. I left the visa expiry date column 6(c) blank as it doesn't let me choose nov 2011. The oldest date the software allows me to choose is 1st Jan 2012. So can I submit the w-7 separately not using the software and fill the visa date which is expired last year.

Thank you in advance.

AtlantaTaxExpert · Mar 28, 2012, 12:10 PM

1) You do NOT notarize the W-7; you notarize the photocopy of her passport. For the photocopies to be notarized, you MUST have the passport.

2) No, your WIFE must sign the W-7.

3) Do not use the software; you can get PDF copies of the Form W-7 from www.irs.gov.

I perform this process every year multiple times, so I know what can and cannot be done. I am also a Certifying Acceptance Agent (CAA).

If you want my professional help both filing the return and as a CAA, double-click on my title above and scroll down to my profile/signature. You will find my email address and websites there.