Hello. I am currently on a h1b visa (since Jan 2017). I also need to get an ITIN for my spouse and children who are all on a h4 visa. What forms will I use? Thanks

[LinaJ2018]

Did you all stay in the US for the rest of the 2017?

[onye2013]

My children and I stayed in the US the entire year, my husband shuttled back and forth visiting for only about 40 days in total

[LinaJ2018]

Please see answer below.

[onye2013]

Thank you so much!

[LinaJ2018]

You are very welcome!

[bine22]

where you in the US on January 1st?

[LinaJ2018 · Accepted solution]

Based on your information, as H-visa holders, all of you are considered as US residents for tax purposes as you meet the  Substantial Presence Test SPT.  You will be filing a Form 1040 reports worldwide income.  If there are no limitations, you likely would want to file Married Filing Jointly as it maximizes your benefit the most on your taxes. Per IRS, without a SSN or ITIN, you cannot e-file your taxes. You are allowed to apply ITINs for your family members and file your taxes simultaneously.  Here are the steps:

In TurboTax online edition, 

- as you enter the information, leave the SSN space blank.

-After entering all your information, print out returns and required forms ( write APPLIED in the SSN space) 

-As TurboTax does not support the Form W-7, fill out the forms by following

 https://www.irs.gov/Individuals/General-ITIN-Information and attach to other required  documentation

-Submit everything including your tax forms to IRS Austin location in Texas.  ( Form W-7 instructions)