Can a working non-resident alien (on H1-B) file a joint tax return with wife who is on H4 visa and not working ( she does not have SSN or ITIN)

[LinaJ2018]

When did you first enter the US with the H-visa? How long have you and spouse be staying in the US?

[rbshah2488]

Hello, Thank you for you response. I entered US with H-1b Visa in January 2014. So i have been staying here for more than 5 years.
 I got married in Jan 2018. My wife traveled to U.S. in May 2018 on H4-Visa, so she has been staying here for  about 8 months.

[LinaJ2018]

Please see answer below.

[rbshah2488]

Thank you very much for a detailed answer !

[LinaJ2018 · Accepted solution]

Yes, you can file jointly with your spouse.  Based on your information, since both of you stay in the US for more than 183 days in 2018, you both are considered as a resident for tax purposes. 

Without your spouse's SSN, you will need to apply an ITIN for her and you won't be able to e-file.  Basically, you file and apply for the ITIN together.  Here is how you would do it:

• In the program,  leave the SSN space blank
• After completing the return, print out the forms. Write APPLIED in the spouse's SSN space.
• As TurboTax does not support the Form W-7, fill out the forms by following  W-7 and attach other required documentation
• Submit all forms and documents to the IRS Austin location in Texas.  (see Form W-7 instructions)

[klymyshyn-d]

Hello,
I understand what to do with my Federal Return - but how should I file the state return? Do I send it in without my wife's ITIN and write "applied"? Or I have to wait to file my state return until I receive my wife's ITIN?

[saurabh-r-s]

On the form W-7 it says:  Don’t submit this form if you have, or are eligible to get, a U.S. social security number (SSN). Spouses on H4 are eligible to apply for SSN.