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    KDtexas's Avatar
    KDtexas Posts: 2, Reputation: 1
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    #1

    Apr 9, 2013, 10:23 AM
    ITIN, married filing jointly
    Hi,
    I am Indian citizen working on H1B VISA since OCT 2009, I got married in the last week of December 2012. My wife came to US on H4 in January 2013,

    1. Can I include her on my 2012 Tax return and file as "married filing jointly" and apply for her ITIN number?
    2. Whether my wife needs to meet 183 days presence test before she can apply for ITIN?

    Appreciate most quick response.
    Thank you,
    quicktax's Avatar
    quicktax Posts: 3, Reputation: 1
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    #2

    Apr 9, 2013, 03:43 PM
    1) yes you can
    2) you will have to add a statement with the tax return mentioning you want to treat your wife as a resident alien
    quicktax's Avatar
    quicktax Posts: 3, Reputation: 1
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    #3

    Apr 9, 2013, 03:45 PM
    Your wife does not need to meet 183 days rule.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #4

    Apr 10, 2013, 08:51 AM
    If you are filing jointly, your wife does NOT even have to be in the U.S. She can be on Mars for all the IRS cares, but she MUST sign the tax return and Form W-7.
    KDtexas's Avatar
    KDtexas Posts: 2, Reputation: 1
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    #5

    Apr 10, 2013, 10:19 AM
    Thank you all
    I was also wondering where should I mention 1042-S income (it was interest paid on tax refund)
    Can I put it on line 7 added to amount on W-2
    Thanks for help
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #6

    Apr 12, 2013, 08:06 AM
    Put it on the interest line (Line#8).
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