Hi, I am a US citizen and after spending 2 years working abroad in Hong Kong while my boyfriend is a citizen there, I decide it was time to come back to my life.

My boyfriend came with me to the US on a B1 B2 visa, and we decided to get married Oct 2007. We've handed papers off to lawyers to get his status change and working permits and appropriate visas while we patiently wait for the whole immigration process.

Its tax season, and we're looking to file joint taxes, and were told to get an ITIN # by applying the W7 form.

Since, the paperwork is with the lawyers and we havent gotten any confirmation#'s, this leaves my husband in limbo status with an expired tourist visa. Is it ok for us to apply for the W7 or would it give chance for my husband to be deported due to his expired visa?

thanks..

*completely freaked out***

For immigration issue, put your question on the immigration law forum.

For IRS, you complete W7 and attach with your tax return. Normally, the IRS is more concerned with taxes than other issues.

Actually, would anyone know if its ok to attach a copy of valid passport with the W7 form, without submitting a copy of the expired Visa in which was used to come into the US?

Oh, and thanks for your reply Mukata! :)

You can file jointly with your husband regardless of his physical.

He could be on Mars for all the IRS cares.

Go ahead and submit the W-7 with the passport photocopy.