Hi,

My wife is with me from APR 2010.(more than 183 days on 2010).My sone case also same.
Her H4 visa expired on Dec 2010. We have applied H1 of mine and H4 extension and it is in RFE status.

Now I need to apply ITIN for both of them and subsequently tax filing for 2010. If I apply with passport, visa and Foreign driving licence, will the ITIN get approved?

Submit the Form W-7 for the ITINs. If the passport has NOT expired, the IRS should issue the ITINs for both your wife and child with no problem.

If you need professional help filing your return and ITIN application, email me at [email protected] or [email protected]. I can both prepare the return and accept and sign the Form W-7 as a Certifying Acceptance Agent.