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skm2007 · Mar 11, 2007, 06:19 PM

Hi,
I am on H1 and will be filing the Fed Tax as "married filing jointly" with my wife. I would need to submit a W-7 for my wife (on H4) as she does not have SSN. Looking at the revised W-7 at the IRS site - I want to know what's the correct option for my wife - for applying for ITIN
Option (c) - U.S. resident alien (based on days present in the United States) filing a U.S. tax return
OR
Option (e) Spouse of U.S. citizen/resident alien

Per the instructions I see that she does not qualify for (e) - so only (c) is left. Wanted to confirm if I am on the correct track.
We are in US from April 2006 - so think we qualify as resident aliens based on the days present in US.

Thanks in advance.

Regards,
SM

AtlantaTaxExpert · Mar 12, 2007, 10:56 AM

Select Option E. Since you are filing jointly with your wife, YOU are choosing to be treated as a resident alien for all of 2006.

skm2007 · Mar 12, 2007, 09:03 PM

Hello - Many Thanks for the response.

But I am a bit confused with the definition of (e) as given below - not sure if my
Wife qualifies for either of them as she would also be probably be treated as a
Resident alien as she is in US from April 2006. Can she be treated as non-resident alien as
Both points below refer to it and does not mention resident alien. Please suggest.

e. Spouse of a U.S. citizen/resident alien. This category includes:

1. A nonresident alien husband or wife who is not filing a U.S. tax
Return (including a joint return) and who is not eligible to obtain an
SSN but who, as a spouse, can be claimed as an exemption, and

2. A nonresident alien electing to file a U.S. tax return jointly with a
Spouse who is a U.S. citizen or resident.

Thanks Again.

Regards,

SM

AtlantaTaxExpert · Mar 15, 2007, 11:01 AM

SM:

By filing jointly, you BOTH are choosing to be treated as resident aliens.

Hence, choose Option E.

Trust me; it IS the correct choice.

jaisam · Mar 21, 2007, 10:34 AM

Hi,

I Have applied for ITIN for my wife along with my Federal Tax Return through Mail. Since I could not file Electronically without SSN.

How many days it would take to get the TAX Return.

Will they process my Returns before they send me the ITIN(Because I have read it would take 4-5 Weeks to get an ITIN)

Thanks & Regards
Sam

AtlantaTaxExpert · Mar 23, 2007, 10:18 AM

Sam:

In January, the IRS was getting the ITIn issued and mailed in about three weeks.

However, volume is a LOT heavier now, so 4-5 weeks is about right.