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jadunk
New Member

I am H1b visa, my spouse is on H4 visa. I want to file my taxes for this year. but my spouse no ITIN number. The IRS office told us to bring the 1040 form

There are some added questions I would like to ask: 1. Is my spouse a resident or nonresident alien? He is on H4 visa and is in US for 2 months only. 2. I am on H1b and in US for last 7 months. Am i resident or nonresident alien? 3. While I was filling tax on Turbo, it told me to provide my husband ITIN which he don't have. We completed w7 form and booked an appointment with IRS office for ITIN. But the agent told us to bring our 1040 from. which we don't have yet. I want to know which type of 1040 form they needed for my spouse ITIN so that we can file jointly? and how to fill that form? Thank you
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1 Reply
DaveF1006
Employee Tax Expert

I am H1b visa, my spouse is on H4 visa. I want to file my taxes for this year. but my spouse no ITIN number. The IRS office told us to bring the 1040 form

Yes. You may file jointly a  resident 1040 return. You have been in the US long enough to pass the substantial presence test. There is an option when you file your 1040 return whereas you can declare your non-resident spouse as a resident alien for filing purposes.  This option is available as you enter information about your spouse in the return.

 

Leave blank where it asks for the Social Security number for your spouse since you don't have Social Security number or an ITIN.  Your return then generate a statement that you have declared your spouse as a resident alien for tax purposes and your making this a first-year election.

 

Once you return is complete, you will need to print and mail your return because of the lack of a social security number or ITIN. Don't choose the option to file electronically because you won't be able to without a valid TIN for your spouse. You will receive complete filing and mailing instructions with your return when you have completed it and ready to file.

 

You may now take your printed return to the immigration specialists that will then issue your spouse a ITIN. 

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