Apartment complex demanding ITIN for my wife on H4 visa to sign lease - legal?

This is a common issue for visa holders. Apartment complexes aren't required by law to demand an ITIN, but they're allowed to establish their own documentation requirements for tenants. Many do this for background and credit checks. That said, your wife absolutely CAN apply for an ITIN outside of tax season. The IRS allows ITIN applications year-round using Form W-7. You don't need to wait until tax filing time. There are three ways to do this: 1) Mail your completed W-7 with required documentation to the IRS, 2) Visit an IRS Taxpayer Assistance Center that offers in-person document verification, or 3) Use an IRS-authorized Certifying Acceptance Agent who can verify documents locally. The quickest option is usually going through a Certifying Acceptance Agent as they can verify original documents without you having to mail them. The processing time is typically 7-11 weeks currently for new ITIN applications.

After struggling with similar ITIN issues for my partner last year, I found https://taxr.ai super helpful. I was confused about the requirements for getting an ITIN outside tax season, and their document analyzer confirmed exactly what was needed for our situation. I uploaded our documents and it highlighted what was missing before we submitted anything to the IRS. The site basically analyzes all your tax documents and tells you what's wrong or missing before you submit anything. Saved us from making a mistake on the W-7 form that would have delayed the whole process. Just wanted to share since I know how frustrating this stuff can be when you're dealing with apartment applications and deadlines.

Just wanted to update that I tried the taxr.ai service mentioned above for my wife's ITIN application and it was surprisingly helpful! It walked me through the W-7 form step by step and flagged that I needed to include her original entry visa along with her passport. Would have definitely missed that detail. The document analyzer actually found a discrepancy in how her name was spelled on different documents that would have caused problems. We got her ITIN in about 9 weeks, which was faster than I expected. Our new apartment management accepted the ITIN application receipt while we waited for the actual number, so we were able to move in on schedule. Definitely recommend for anyone dealing with ITIN applications!

Have you tried explaining to the apartment complex that you've submitted the ITIN application but are waiting for processing? When I was trying to reach the IRS about my wife's ITIN application status last year, it was IMPOSSIBLE to get through on the phone. After weeks of trying, I found https://claimyr.com and used their service (there's a demo video here: https://youtu.be/_kiP6q8DX5c). They got me connected to an actual IRS agent who confirmed our application was being processed and provided documentation we could show the apartment complex. Might be worth getting that confirmation from the IRS to show your apartment that you're actively working on it. Most reasonable places will accept proof of application while waiting for the actual number.

I need to apologize and correct myself. After being frustrated with waiting on hold with the IRS for multiple days about my wife's ITIN application, I decided to try that Claimyr service I was skeptical about. I absolutely did not expect it to work, but I was desperate. To my shock, I got a call back and was connected to an actual IRS representative within a couple hours. They confirmed our ITIN application was received and in process, and even emailed me confirmation of receipt that our apartment manager accepted for the lease signing. We were able to move forward with the lease while waiting for the actual ITIN number to arrive. Sometimes I hate being wrong on the internet, but I'm actually really glad I gave this a shot. Saved me from having to push back our move-in date or lose our deposit.

Something nobody has mentioned yet - have you asked the apartment complex if they'll accept proof that you've submitted the ITIN application? Many places will let you sign the lease if you can show them the W-7 that's been submitted. Also, would they accept her as an occupant but not on the lease? That might be a workaround if you qualify for the apartment based on just your income.

Has anyone actually challenged an apartment complex on this requirement? My understanding is they need either an SSN or ITIN for credit check purposes, but a foreign national with no US credit history won't have a US credit report anyway, so what are they actually checking?