I need to process ITIN for my spouse , to file jointly ?

[JaimeG]

In order to claim your Spouse and or Children on your Tax Return you must apply for an ITIN with the IRS. To apply for an ITIN you must mail in your tax return with IRS Form W-7 and supporting documentation through the US Postal Service. Once the ITIN is issued, the IRS will include this information with your tax return and then process your return.

Below are the steps you must take in TurboTax to file your return through the U.S. Postal Service along with an application for an ITIN (W7). 

1. When you enter your Personal Information leave your spouse's, and/or Children, as Generic SS# 234-56-8768. This is necessary because TurboTax does not allow you to leave the blank
2. Skip the error check section if you are sure the only error is are the SSN.
3. Under the File tab, you will need to select File by mail and print a copy of your Federal Income Tax Return.
4. When you have printed your Return you will white out the Generic SS numbers where needed before you send them to the IRS.

Now that you are done on TurboTax, you must download and complete IRS Form W7 and follow the instructions below:

1. Fill out form IRS Form W7. For a fillable PDF of this form please click here: IRS Form W7 .
2. If your spouse is a nonresident alien, you will need to attach a statement to your joint return, signed by both you and your spouse, but only for the first tax year in which this choice applies. It should contain the following information:

a) A declaration that one spouse was a non-resident alien and the other spouse a U.S. citizen or resident alien on the last day of your tax year, and that you choose to be treated as U.S. residents for the entire tax year.

b) The name, address, and identification number of each spouse.

    3. Attach a copy of your Form W-7 (along with the necessary supporting documents) to your tax return.           Supporting Documents must prove Foreign Status and Identity. Documents that provide simultaneously both include but are not limited to:

• Foreign Passport,
• USCIS Photo Identification,
• Visa Issued by U.S. Dept. of State,
• Foreign Military Identification Card,
• National Identification Card,
• Foreign Voter's Registration Card (if it contains a photograph).

**For a Complete list of Supporting Documents please Click here Instructions W7

     4. Once you have completed form W7 and all required documentation, mail your tax return along with your declaration statement, Form W-7 and supporting documents to the IRS.

Since You are filing your tax return as an attachment to your (ITIN) application, you should not mail your return to the address listed in the Form 1040, 1040A or 1040EZ instructions. Instead, you must send your return, Form W-7 and proof of identity and foreign status documents to:

     Internal Revenue Service
     Austin Service Center
     ITIN Operation
     P.O. Box 149342
     Austin, TX 78714-9342 

You may also apply using the services of an IRS-authorized Acceptance Agent or visit some key IRS Taxpayer Assistance Center in lieu of mailing your information to the IRS in Austin

• State filing - You will want to file an extension for your state until you receive your ITIN. This is because the application for your ITIN is a federal filing. Most state will not process your return without either a SSN or an ITIN. (However some states will accept state filings with W-7 attachments. You will need to contact your state's Department of Revenue and ask if your state will accept a state tax return with a Form W-7 attached).  
  When the IRS assigns you an ITIN, update your returns (both federal and state) in TurboTax with this new information and then you should be able to e-file your state return.
  Because many states give an automatic extension when you file the federal extension Form 4868, just file a federal extension even if you don't think you will need it for your federal tax return.  But check with your state's Department of Revenue to make sure that your state doesn't have a separate state extension filing.
  

[itgoujie2]

Is there any requirement to the declaration statement? Is there a sample or required format?

[ErnieS0]

As @JaimeG said the statement should contain the following information:

1. A declaration that one spouse was a nonresident alien and the other spouse a U.S. citizen or resident alien on the last day of the tax year, and that you choose to be treated as U.S. residents for the entire tax year.
2. The name, address, and identification number of each spouse. (If one spouse died, include the name and address of the person making the choice for the deceased spouse.)

I have not seen a sample. The "required format" is to include all the information in (1) and (2). In general, most such statements begin with "Under penalty of perjury I declare that the foregoing is true and correct."

End with "Executed on (date). (Signature)"."

Include all the other information in the middle.

Related Resource:

PERJURY CASES -- 28 U.S.C. 1746 -- UNSWORN DECLARATIONS UNDER PENALTY OF PERJURY