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quark4
03-30-2004, 05:00 PM
My wife has an H4 visa and no SSN. Also, she dosn't have an
ITIN as yet. She and I are filing our tax return jointly. I have an
H1 and have been present in US for the entire 2003 (365 days).
So has she.

Question 1: Is my wife a "resident alien" or "nonresident alien"?
In either case, why?

Question 2: Am I a "resident alien" (based on substantial presence test)?

Question 3: What "reason" must she choose to file form W7?
We can't decide between the following:
(c) "US resident alien (based on days present in the United States)
filing a US tax return and not eligible for an SSN."
(e) "Spouse of US citizen/resident alien."
(f) "Dependent/spouse of a nonresident alien visa holder."

Please help.

Fatima
04-05-2004, 01:54 PM
Since your wife has no social security she needs Tax payer Id for tax purposes. She needs to fill W7 form.

She is classified as "spouses of resident alien"

Hope this helps