I am on H1B visa and my wife and kid on H4.

My wife has no bank a/c or income, she is not working. We came in this country on 3rd October 2008. It make exact 90 days in year 2008.

I applied for ITINs for my wife and kid along with my federal tax returns. I got rejection letter saying that your wife's application has been rejected, that you didn't attach a valid U.S. federal tax return to your form W-7 or your name did not appear as the primary, secondary or dependent on the valid U.S. federal tax return submitted, as required.

Actually, I took help of H & R Block to file my tax returns. I already got refund from state. Its just my federal stuck up...


I don't think she is eligible for any exceptions bcs she has no income at all from any sources. Or am I ?

My question here is I filled 1040NR along with W7 and my wife's name is nowhere on 1040NR form. And selected option 5 for "OTHER MARRIED NONRESIDENT ALIEN" and her name is also not on dotted line next to this option. Should it be there? Or where?

So can I get ITIN for her, should I reapply for it with copy of 1040NR and new W7 ? Or should I leave it as it is? Should I take help of H&R block again (well I'm not sure wheater they can help me or not bcs I think they handle very few H1 case for taxes)?

Help me I have very few days to reply to IRS.

Call the number on the IRS letter and ask if they want you to re-submit the original tax return, or if you need to amend the return by submitting Form 1040X.