form w-7 for taxes

[hypocrisy 0]

My wife and I were married in March. She is an overstay,but we are applying for AOS within the next month. Ive already asked some tax questions and appreciate everyones help....my question is....if I file married but filing seperate , will the irs allow me to do this? Or do I need to fill out a form w-7 to get an individual tax payer identification number even if she doesnt work at all this year? Any help would be greatly appreciated!!

[sjr09 155]

My wife and I were married in March. She is an overstay,but we are applying for AOS within the next month. Ive already asked some tax questions and appreciate everyones help....my question is....if I file married but filing seperate , will the irs allow me to do this? Or do I need to fill out a form w-7 to get an individual tax payer identification number even if she doesnt work at all this year? Any help would be greatly appreciated!!

Overstay as in Illegal overstay? Ohh boy....You can not file that way (married but filing seperate) cuz she has no SSN You will need a w-7 ITIN but this can take 10 weeks if I'm right? If she has no income thats a wast of time.

Edited June 29, 2009 by sjr09

[sjr09 155]

My wife and I were married in March. She is an overstay,but we are applying for AOS within the next month. Ive already asked some tax questions and appreciate everyones help....my question is....if I file married but filing seperate , will the irs allow me to do this? Or do I need to fill out a form w-7 to get an individual tax payer identification number even if she doesnt work at all this year? Any help would be greatly appreciated!!

I think I see what your talking about.

Who needs an ITIN?

IRS issues ITINs to foreign nationals and others who have federal tax reporting or filing requirements and do not qualify for SSNs. A non-resident alien individual not eligible for a SSN, who is required to file a U.S. tax return only to claim a refund of tax under the provisions of a U.S. tax treaty, needs an ITIN.

Examples of individuals who need ITINs include:

Non-resident alien filing a U.S. tax return and not eligible for a SSN

U.S. resident alien (based on days present in the United States) filing a U.S. tax return and not eligible for a SSN

Dependent or spouse of a U.S. citizen/resident alien

Dependent or spouse of a non-resident alien visa holder

When should I apply for an ITIN?

You should complete Form W-7 as soon as you are ready to file your federal income tax return, since you need to attach the return to your application.

If you meet one of the exceptions and do not need to file a return, submit Form W-7, along with the documents required to meet your purpose for needing an ITIN, as soon as possible after you determine that you are covered by that exception.

You can apply for an ITIN any time during the year; however, if the tax return you attach to Form W-7 is filed after the return's due date, you may owe interest and/or penalties. You should file your current year return by the April 15 deadline to avoid this

Edited June 29, 2009 by sjr09

[Thai Rath 1]

My wife and I were married in March. She is an overstay,but we are applying for AOS within the next month. Ive already asked some tax questions and appreciate everyones help....my question is....if I file married but filing seperate , will the irs allow me to do this? Or do I need to fill out a form w-7 to get an individual tax payer identification number even if she doesnt work at all this year? Any help would be greatly appreciated!!

[nevermind...sorry]

Edited July 1, 2009 by Thai Rath