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Filed: Timeline
Posted

Hi,

I am on H1B for the whole of 2009.

My wife is on F1 visa after having converted from H4 visa.

Wife entered US on May 10th, 2009 on H4 visa and converted to F1 on Sep 3rd, 2009.

She has received a 1098-T form for 2009 and she does not have a SSN.

I have heard that if we are filing the 2009 return jointly, we have to submit the federal return with the W7 (ITIN application) form. Should the federal return be the 2009 paper return along with the W7 form?

How can I claim the tuition in the Federal return of 2009 that I had paid for and reported in the 1098-T, without being able to add my spouse in the federal return?

Thanks,

Roger.

Filed: Citizen (apr) Country: Thailand
Timeline
Posted
Hi,

I am on H1B for the whole of 2009.

My wife is on F1 visa after having converted from H4 visa.

Wife entered US on May 10th, 2009 on H4 visa and converted to F1 on Sep 3rd, 2009.

She has received a 1098-T form for 2009 and she does not have a SSN.

I have heard that if we are filing the 2009 return jointly, we have to submit the federal return with the W7 (ITIN application) form. Should the federal return be the 2009 paper return along with the W7 form?

How can I claim the tuition in the Federal return of 2009 that I had paid for and reported in the 1098-T, without being able to add my spouse in the federal return?

Thanks,

Roger.

Is your wife eligible for a SSN? If so, she needs to get one (ITINs will not be issued to someone who is eligible for a SSN). If she is not eligible for a SSN, then to file jointly you will need to submit the W-7 along with your return (paper copies; sent to Austin TX). See www.irs.gov for W-7 form and instructions.

K-3

11/15/2006 - NOA1 Receipt for 129F

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Filed: Timeline
Posted
Is your wife eligible for a SSN? If so, she needs to get one (ITINs will not be issued to someone who is eligible for a SSN). If she is not eligible for a SSN, then to file jointly you will need to submit the W-7 along with your return (paper copies; sent to Austin TX). See www.irs.gov for W-7 form and instructions.

My wife is not eligible for a SSN. How can I include information from her 1098-T tuition statement in my return as it is in her name?

Also, when I include my wife's name in the return, the SSN/ITIN number will be blank, right?

Filed: Citizen (apr) Country: Thailand
Timeline
Posted
My wife is not eligible for a SSN. How can I include information from her 1098-T tuition statement in my return as it is in her name?

Also, when I include my wife's name in the return, the SSN/ITIN number will be blank, right?

When you submit your W-7 and the tax return, both you and your wife's name will be on the return (married filing jointly). Therefore the 1098-T can be included as it is not just 'your' return; it is hers, too. And yes, leave the SSN/ITIN blank.

K-3

11/15/2006 - NOA1 Receipt for 129F

02/12/2007 - I-130 and I-129F approved!

04/17/2007 - Interview - visa approved!

04/18/2007 - POE LAX - Finally in the USA!!!

04/19/2007 - WE ARE FINALLY HOME!!!

09/20/2007 - Sent Packet 3 for K-4 Visas (follow to join for children)

10/02/2007 - K-4 Interviews - approved

10/12/2007 - Everyone back to USA!

AOS

06/20/2008 - Mailed I-485, I-765 (plus I-130 for children)

06/27/2008 - NOA1 for I-485, I-765, and I-130s

07/16/2008 - Biometrics appointment

08/28/2008 - EAD cards received

11/20/2008 - AOS Interviews - approved

Citizenship

08/22/2011 - Mailed N-400

 
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