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raghav
New Member

I am H1B VISA holder & my wife is H4 VISA Dependent. She cme usa nov 2016 and she left on apr 2017. Can i file itr as married and can i get itin number for her.thanks

 
2 Replies
pk
Level 13
Level 13

I am H1B VISA holder & my wife is H4 VISA Dependent. She cme usa nov 2016 and she left on apr 2017. Can i file itr as married and can i get itin number for her.thanks

Raghabji,

                 (a) you have to file as married  --- Married Filing Joint ( MFJ ) or Married Filing Sep (MFS)

                 (b) in either case you need an ITIN for your spouse , especially if  she has no incme in India  and you want to file as MFJ

                 (c) to MFJ, you can go ahead  prepare your return as such including her  ( leave her SSN  Blank ), then print, fill her SSN as NRA ( Non-resident alien), include a statement from both of you stating that she want to be treated as a resident alien, fill out the form W-7 and include all the required documents, sign/date and file by mail --- this will rewsult in issuance of ITIN  retroactively  for the year 2017. It will also bring her income in India  under the ambit of US taxation.

                (d) you also file  as MFS, not bring her Indian income under US taxation, just show her name ,  and hand print NRA  in the SSN box, print,  sign/date and  mail in.

If you need more help, please feel welcome to add  in comments

raghav
New Member

I am H1B VISA holder & my wife is H4 VISA Dependent. She cme usa nov 2016 and she left on apr 2017. Can i file itr as married and can i get itin number for her.thanks

There is one more point: Her h4 visa got expire on jan-2018.Will be she able to get the itin number ?
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