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Old 04-07-2015, 03:19 AM
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Help regarding Filling Up W-7 form

I and my wife were in USA since Oct'2012 and returned on Oct'2014. My status was L1-B (exp. feb-2013 but I-94 was valid till Oct-2015) and my wife was on L2 (same expiry and i-94 dates). I need to file an ITIN for my wife so have some queries on the W-7 form -

Question 1.
Which of the options should I select in response to "Reason you are submitting Form W-7"
d) Dependent of U.S. citizen/resident alien
e) Spouse of U.S. citizen/resident alien
g) Dependent/spouse of a nonresident alien holding a U.S. visa

I assume g will be the correct option but I heard from someone that the IRS purview of a resident alien is different from someone's Visa status.

Question 2.
Line 1b. Enter your name as it appears on your birth certificate if it is different from your entry on line 1a.
My wife's birth name had only one name (given name only) without any surname which was also replicated in the passport. After coming back from US she got a new passport with surname added. So, should I write the given name only in 1b or does it apply only if given name is changed?

Question 3.
As we are filing it from India should I fill the Applicant's mailing address and leave foreign address blank or fill Foreign address leaving the mailing address blank.



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Old 04-07-2015, 05:09 PM
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Join Date: Oct 2010
Posts: 5,227
I and my wife were in USA since Oct'2012 and returned on Oct'2014. My status was L1-B (exp. feb-2013 but I-94 was valid till Oct-2015) and my wife was on L2 (same expiry and i-94 dates). I need to file an ITIN for my wife so have some queries on the W-7 form - =======>>>>>>>>>>>>>I guess she can apply her SSN#/EAD only after she arrives into the US. As you have already completed 183 days in the U.S. so you will file as resident for tax purposes. You wife is also a US resident for tax purposes. With your tax return form 1040as a US resident , you will file forms W7 for both your wife and your son/daughter if you have, to get ITIN#.If you file jointly and you BOTH choose to be treated as resident aliens, you would file Form 1040.

Question 1.
Which of the options should I select in response to "Reason you are submitting Form W-7"
d) Dependent of U.S. citizen/resident alien
e) Spouse of U.S. citizen/resident alien
g) Dependent/spouse of a nonresident alien holding a U.S. visa=====>>>>>>>>>>.you need to choose e) since you are a US resident for tax purposes. I-94 is issued to visitors who hold a valid U.S. visa, such as B-1, L-1, B-2, F-1, H-1B, etc

I assume g will be the correct option but I heard from someone that the IRS purview of a resident alien is different from someone's Visa status.===>.I do not think as I said, aslongas you are a US resident for tax purposes, then you are treated as as a US resident just like a green card holder/US citizen.

Question 2.
Line 1b. Enter your name as it appears on your birth certificate if it is different from your entry on line 1a.
My wife's birth name had only one name (given name only) without any surname which was also replicated in the passport. After coming back from US she got a new passport with surname added. So, should I write the given name only in 1b or does it apply only if given name is changed?======>I guerss she needs to report the new name on her passport.you can contact the IRS for more tech help on the form W7.

Question 3.
As we are filing it from India should I fill the Applicant's mailing address and leave foreign address blank or fill Foreign address leaving the mailing address blank.=====>>>>>>>>in my opinion, UNLESS you have your address in US, then, you may fill your addresses in India on form W7.Aslongas you have an address in US , then you need to report the US domestic address on the form and your address in India as a foreign address. In your case , as your address in India is your foreign address on the form, you need to supply only your address in India.



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