Delay for ITIN number

[marzouille7]

I'm a J1 non resident and my husband a J2. He just asked for an ITIN number but we are not sure to obtain it before April 15th. Is it possible to ask for a delay for tax return? (we paid too much taxes so it's only a return). Thanks for your help.

[bine22]

since when are you in the US and is it a student or nonstudent visa? Did your husband apply for an exception for the ITIN application to be able to file form W7 without a tax return? If not, the ITIN application will most likely be denied.

[marzouille7]

Thanks for your answer. We arrived in the US in December 2015 so we were here the entire year. We finally realized that we can attach the W7 to the tax return and fortunately, he didn't send it yet so I'll join this to the tax return application. Is it OK that way? I'm just not sure which case is the best for him : B or G. I'm a visiting researcher and employed by the University. "G" seems the most appropriate but as I was renewed, my visa is not valid anymore (but my DS2019 is). Is it OK to furnish only the DS2019? (I have to renew my visa in a foreign country ...).

[bine22 · Accepted solution]

As a J1 scholar you do not count days towards the substantial presence test for 2 calendar years, so 2015 and 2016. That would make you a nonresident alien for 2016 and you would need to file form 1040NR or 1040Nr-EZ plus form 8843 (plus a state return if applicable). Nonresident aliens cannot file a joint return, so your status would be married filing separately (or married nonresident alien as it might be written on the forms). If your husband has no income, he would just file form 8843, no ITIN required for that form.

Turbotax does not support these forms. You can download them from the IRS website. Some universities also provide free access to tax preparation software for their foreign students/scholars.

(And just for your information, not tax related, you can go for vacation in Canada and renew your visa there. We did that several years ago and got the new visa within 4 days. In our home country that would have taken weeks or months.)