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udhayuma · May 7, 2010, 08:30 PM

Hi
I am a H1B visa holder. My wife is on H4 visa. I have applied for an extension to file the tax return.We applied for her ITIN but it was rejected as we did not attach the tax return form.Now can someone tell me how is it possible to apply her ITIN and file the tax return together . What are the steps?

AtlantaTaxExpert · May 10, 2010, 01:24 PM

You can file jointly with your wife and you both CHOSE to be treated as resident aliens. This will allow you to claim the $11,400 joint standard deduction plus two $3,650 personal exemption (for yourself and your wife).

To apply for an ITIN, you need to complete Form W-7 for your wife. You need to make a photocopy of her passport, then get the photocopy notarized. This can be done at your local bank in most states in the U.S.

The notarized photocopy is stapled to the SIGNED Form W-7, then paper clipped to the tax return with your spouse name on the return, but with the SSN area blank.

The IRS evaluates the W-7 and notarized passport photocopy, and, if all is in order, then issues the ITIN and inserts it on the tax return where your wife's SSN would go. The return is then processed and the refund is sent to you.

The IRS then issues an ITIN letter which is mailed to you in a separate envelope. You then insert the ITIN on the state tax return and submit it.

All in all, the process takes about six weeks to complete.