The dependent visa of my kid and wife has been expired. When I applied for ITIN in 2009 with my tax returns for 2008, the application was rejected saying that "expired documents". When I looked in the requirement valid passport is the only document required. What should I do now? Can I get tax benefit for my kids and wife without having ITIN and applying W7 again with the tax return of 2009. They arrived in US on 24th Dec 2008. Thank you

I do not understand this. A U.S. citizen or resident can file joint return with the spouse even when spouse has never been to the U.S. So why should visa matter as long as passport is not expired? Similarly on the joint return if kid was present in the U.S. in 2008, you can claim the kid on 2008 tax return.
You should write email to AtlantaTaxExpert [email protected] for his views.

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Originally Posted by MukatA

I do not understand this. A U.S. citizen or resident can file joint return with the spouse even when spouse has never been to the U.S. So why should visa matter as long as passport is not expired? Similarly on the joint return if kid was present in the U.S. in 2008, you can claim the kid on 2008 tax return.
You should write email to AtlantaTaxExpert [email protected] for his views.

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Ya I am trying to take exemption for three dependents but payroll people told me they should have itin. :(

So will I get the benefit for dependents or not?

Getting the ITIN for your wife should not be a problem because her physical location is irrelevant when filing a joint return.

The child is a different issue. In that case, the IRS has been requesting proof that the child was physically located within the U.S. for at least part of the calendar year for which you are filing.

You should apply for ITINs for the 2009 tax year and get their ITINs for your wife and child.

Then, once the ITINs are issued, you can amend the 2008 return to file jointly and claim the child; attach a copy of the child's expired visa to provide the proof that the child was in the U.S. in 2008.