W-7 ITIN for Spouse (Reason)

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donaldduckie
Posts: 3
Joined: Sat Feb 21, 2015 5:40 pm

W-7 ITIN for Spouse (Reason)

Post by donaldduckie »

Hello,

I am Canadian Resident and will be filing 1040NR. I have a valid SSN.

I will claim my spouse as a dependent and she is holding a Canadian passport.

I am confused with the Reason for submitting Form W-7.

e) Spouse of U.S. citizen/resident alien
g) Dependent/spouse of a nonresident alien holding a U.S. visa


I cannot choose e) because I am filing 1040NR so I am a non-resident.
I cannot choose g) because she does not have a US visa.

So which one do I choose???
nelsona
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Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona »

Why are you filing 1040NR. That will determine reason for her.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
donaldduckie
Posts: 3
Joined: Sat Feb 21, 2015 5:40 pm

Post by donaldduckie »

i am filling 1040nr because i am non resident and want to claim her as a spouse exemption.

so if I choose g) Dependent/spouse of a nonresident alien holding a U.S. visa

I will need to send a certified copy of her Canadian passport.

How about the Visa? whose copy of the visa do i send? my visa or her visa?( she does not have one usa visa)
nelsona
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Location: Nowhere, man

Post by nelsona »

Duh?! Why are you required to file 1040NR. What type of income are you claiming?!
You said you don't have a visa, so what type of income are you reporting.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
donaldduckie
Posts: 3
Joined: Sat Feb 21, 2015 5:40 pm

Post by donaldduckie »

I have US work visa and commute to work. I am having w2 so I need to file

My wife does not have a visa.

So do I have to submit my work visa for w7 or are they asking for the spouse visa??
pola55
Posts: 1
Joined: Thu Jul 07, 2016 11:01 am

Post by pola55 »

Hi.Just wondering if you ever got answer to which Reason for applying applies in this scenario. I am facing exact same issue and not sure which reason to choose.

I live in Canada and commute to work daily to U.S. I have TN Visa. Wife also lives in Canada with me and she does not have any U.S visa. she doesn't need visa since she is not living in U.S.

If you were able to get your spouse ITIN could you please share which reason you chose? Thanks.
ND
Posts: 291
Joined: Thu Feb 21, 2013 5:28 pm

Post by ND »

use "g". g. Dependent/spouse (your wife) of>>>>> a nonresident alien holding a U.S. (you) visa. This is an individual who can be claimed as a dependent
or a spouse on a U.S. tax return, who is unable, or not eligible, to
get a SSN (your wife), and who has entered the United States with a
nonresident alien who holds a U.S. visa (you). If you apply for an ITIN
under this category (for your wife), remember to attach a copy of your visa to
your Form W-7 (which is for your wife).

also note that you can use a CAA to verify your wife's ID instead of going to the trouble of obtaining a Passport Canada certification.
adeboloj
Posts: 73
Joined: Fri Mar 24, 2017 10:50 am

Post by adeboloj »

Hello Donaldduke,
Please did you get ITINs for your family and what reason did you chose.
W7 application seems to be a real confusion, I finally booked appointment at a local IRS office to apply for ITINs in about 2 weeks time.
But I don't want my application to be refused for no- reason.
Nelsona once mentioned I have to choose option (d) and (e) but this is a little confusing to me and why?
Though I am a resident alien (met the residency requirement) but the sole purpose of been in the U.S is work purpose and family are in Canada and I travel on a weekly/bi-weekly basis, but I choose to file Non-resident in the U.S and resident in Canada.
The confusion now is that if I choose option (d) and (e) for reason for applying for ITIN and attach 1040NR form does that not implicate my option?
Because (d) and (e) on W7 form said dependents/spouse of U.S citizen/resident alien though I intend to attach XXV(2) to my tax return but still curious if these are the best options for applying for ITINs.

Thank you
adeboloj
Posts: 73
Joined: Fri Mar 24, 2017 10:50 am

Post by adeboloj »

All,

Just thought that I share my experience here so its beneficial to others:
Option (g) is wrong and you will most likely have refusal on the ITIN application because Canadians dont hold U.S visa especially when you are on TN status.

Option (e) is the best and I just got all my dependents/spouse ITINs approved, it was tricky though because I am a resident but my attached tax form- I was claiming non-resident for tax purpose using the treaty so I thought its conflicting and might be denied but went ahead anyway as its my best option and all ITINs were approved.
I think what matters is that you a resident alien and have SSN then option (e) will be the right one to apply for your spouse on W7 application.
nelsona
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Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona »

(g) would have been fine for anyone on TN. Please don't give information that is wrong. TN status (and TD) satisfy the definition of visa for this purpose.

You had to pick (e) because you have a green card. Stick to what you did, and know.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
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