All Things Tax

All Things Tax

Like the title says, from the filing process and tax questions to tax policy and reform, you can search and share All Things Tax here. This is the place to find answers to all your general questions that don't fall under the other categories. And just a reminder: questions about software or online filing should be posted in DIY Products.

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Pioneer
Posts: 1
Registered: ‎09-01-2016

Can I file ITIN for my wife whose i94 expired and H4 extension still in progress?

Hi,

 

Both me ( H1 visa and I 94) and my wife ( H4 visa and I94)  got expired on  08/30/2016. My employer has filed for extension on 08/15/2016. Will I be  able to file joint tax returns next year by applying ITIN no for my spouse if her H4 visa is still pending? If yes, what should i fill in the column 6C for W7 form?

 

Kindly, Help me out to resolve this issue. Thanks in Advance.

 

Thanks,

Sandyy

Trusted Council Member
Posts: 6,191
Registered: ‎02-23-2016

Re: Can I file ITIN for my wife whose i94 expired and H4 extension still in progress?

[ Edited ]

Hi sandyy86,

 

Welcome to the community.

 

If you need an ITIN for tax purposes you can apply for one at any time so long as you are one of the following:

 

  • A non-resident alien who is required to file a tax return.
  • A resident alien who is filing a tax return.
  • The dependent or spouse of a U.S. citizen or resident alien.
  • The dependent or spouse of a non-resident alien visa holder.

Note that to be a resident alien you must either have been on a visa or have been in the country legally for 183 days or more during the year.

 

You have 3 options for applying for your ITIN and they are:

 

  1. Apply in person at your local IRS office.  Be sure to bring your passport with you.
  2. Apply through a certified acceptance agent (many local H&R Block offices have one).  Again, be sure that you bring your passport with you.
  3. Mail your completed tax return, Form W-7, and the required information for your ITIN application to the IRS next February when you complete your tax return.

 

I recommend meeting with a certified acceptance agent at an H&R Block office since this option cuts down on mailing things to the IRS and kind of streamlines the process.  The agent that you meet with will be able to guide you through the process and help you out with any issues that arise.

 

If you qualify as a resident alien then your wife would not have to have a visa to apply for an ITIN because she can apply as your spouse.  Also, if you are a non-resident alien with a valid visa who is required to file a tax return then your wife does not need a visa to apply for an ITIN because again she can apply as your spouse.  In either case you can file a joint return next tax season.

 

I hope this helps you out & please ask if you have any other questions.

Pioneer
Posts: 2
Registered: ‎02-25-2017

Re: Can I file ITIN for my wife whose i94 expired and H4 extension still in progress?

Did u got ITIN with expired Visa number and date 

what you put on 6C column for visa .

 

I want to apply for my child ITIN but her visa is Exp ...we have I797 approval notice with I94 which is valide uptill 4.27.2018. what i put at place of column 6C

Pioneer
Posts: 2
Registered: ‎02-25-2017

Re: Can I file ITIN for my wife whose i94 expired and H4 extension still in progress?

I want to apply for my child ITIN but her visa is Exp on passport...we have I797 approval notice with I94 which is valide uptill 4.27.2018. what i put at place of column 6C for Form W7...

should i put current exp visa info then attach I797 approval notice

Pioneer
Posts: 1
Registered: ‎10-12-2017

Re: Can I file ITIN for my wife whose i94 expired and H4 extension still in progress?

Hi Prash, what did you end up doing ? I’m stuck in similar situation for my wife. Any help will be really appreciated.

Thanks
Trusted Council Member
Posts: 6,191
Registered: ‎02-23-2016

Re: Can I file ITIN for my wife whose i94 expired and H4 extension still in progress?

[ Edited ]

Hi joswal,

 

 

The spouse of a resident alien or a U.S. citizen can get an ITIN number so long as he or she is not eligible for a social security number.  Here's some additional information that I think will help you out:

 

If you need an ITIN for tax purposes you can apply for one at any time so long as you are one of the following:

 

  • A non-resident alien who is required to file a tax return.
  • A resident alien who is filing a tax return.
  • The dependent or spouse of a U.S. citizen or resident alien.
  • The dependent or spouse of a non-resident alien visa holder.

Note that to be a resident alien you must either have been on a visa or have been in the country legally for 183 days or more during the year.

 

You have 3 options for applying for your ITIN and they are:

 

  1. Apply in person at your local IRS office.  Be sure to bring your passport with you.
  2. Apply through a certified acceptance agent (many local H&R Block offices have one).  Again, be sure that you bring your passport with you.
  3. Mail your completed tax return, Form W-7, and the required information for your ITIN application to the IRS next February when you complete your tax return.

 

I recommend meeting with a certified acceptance agent at an H&R Block office since this option cuts down on mailing things to the IRS and kind of streamlines the process.  The agent that you meet with will be able to guide you through the process and help you out with any issues that arise.

 

 

 

If you have any other questions I'll be glad to help.

 

Louis,

Senior Tax Advisor (Tampa, FL)

Trusted Pioneer
Posts: 5
Registered: ‎01-25-2018

Re: Can I file ITIN for my wife whose i94 expired and H4 extension still in progress?

Hello Sandy, 

 

I am in a same situation as you were.  Mine visa stamp is already expired but I have extension already approved for both of us. 

 

At my HR Block location, CAA does not know what VISA number to use if the original stamped visa is expired. 

 

I believe we should be using the expired visa number and date as it is. Your input would really help me in this situation. 

 

Best Regards, 

Pankaj. 

 

Trusted Pioneer
Posts: 5
Registered: ‎01-25-2018

Re: Can I file ITIN for my wife whose i94 expired and H4 extension still in progress?

Hello, 

 

I am in a same situation as everyone here.  Mine visa stamp is already expired but I have extension already approved for both of us. 

 

At my HR Block location, CAA does not know what VISA number to use if the original stamped visa is expired. 

 

I believe we should be using the expired visa number and date as it is. Your input would really help me in this situation. 

 

Best Regards, 

Pankaj. 

Valued Pioneer
Posts: 3
Registered: ‎03-26-2018

Re: Can I file ITIN for my wife whose i94 expired and H4 extension still in progress?

Hi Pankaj,

I am here with almost the same situation like yours.
My and my husbands Visa has expired and applied for an extension but it is still in process. Meanwhile I applied for my itin on Feb 13th 2018 and on March 20th I got a notice of co566 which is asking my passport and visa again. We are yet to get your extension to stay in USA. Is it possible that if my visa is expired I will not get my itin number?

Regards
Susmita
Trusted Pioneer
Posts: 5
Registered: ‎01-25-2018

Re: Can I file ITIN for my wife whose i94 expired and H4 extension still in progress?

Hello Sushmita, 

 

I can relate your situation. Well, here is what I did. I went to a CAA and asked for their opinion on my case. She(CAA) said we just need to put Visa type and the expiration date printed on my i-94 from my extension I-797 notice(No need to to put the VISA number). I was very skeptical about her opinion cauae the ITIN form clearly asks for VISA number. But she assured me with the process and mentioned her positive experience. 

 

I filed my taxes and new ITIN application on 1st Feb through that CAA and I got my  wife'sITIN on 26th March in mail. Still waiting for the refund though. Hopefully will get it in next 21 days. 

 

I can give you the CAA contact if you need. In your case I am not sure since at this point you do not have the future visa expiration date, i.e. extension approval notice.  Still you can contact the CAA and ask if she has any idea on how to deal with this. 

 

Hope you get your Extension and ITIN soon. 

 

Pankaj.