Ask Experts Questions for FREE Help !
Ask
    ps101's Avatar
    ps101 Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Jul 1, 2009, 11:20 AM
    ITIN rejected for spouse on F2 from India
    Hi,

    I'm on F1 visa from India and my wife is on F2. I filed for her ITIN along with 1040X (and notarized copy of her passport & visa) for spouse exemption on my 2008 taxes but the ITIN Service Center rejected the application citing she is not eligible for ITIN because she is on F2. I called them up and mentioned that she is eligible but they said, apply for an SSN and if that is rejected, get back to us with the letter from SSA for a fresh ITIN application.

    This is confusing because Pub 519 says students from India can claim spouse exemption. One thing though is that my wife entered US in 2009 although we got married in 2008. Can that be the reason? But then why would the letter not mention that.

    Thanks for the help.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Jul 1, 2009, 02:20 PM
    I have discussed this matter with Five Rings (who is a Certifying Acceptance Agent for ITINs), and we confirmed that you must include a copy of the SSA rejection letter in order to get an ITIN for F-2 visa holder from India.
    ps101's Avatar
    ps101 Posts: 2, Reputation: 1
    New Member
    		  
    #3

    Jul 1, 2009, 02:29 PM

    Thanks AtlantaTaxExpert.

    Still the thing that is bugging me is one of my friends also applied for spouse's ITIN (exactly the same case, F-2 visa, got married in 2008, however, wife moved to US in 2008) got it right away.

    Why would that be the case?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #4

    Jul 2, 2009, 09:08 AM
    Because the ITIN Processing Center is inconsistent in its application of the rules.

    You are not the first person who has this problem, and you will not be the last. Submitting the SSA rejection letter should get you the ITIN, but you CAN submit the ITIN application again with an amended return (Form 1040X), and it stand a good chance of getting the ITIN, especially if you cite the passage from IRS Pub 519 stating that you are to claim your wife as a dependent.
    sudarshan1985's Avatar
    sudarshan1985 Posts: 1, Reputation: 1
    New Member
    		  
    #5

    Dec 20, 2011, 03:21 PM
    How do I get SSN rejection letter? I went to SSN office to get one but they said that we need to apply for SSN to get rejection letter but they refused to apply in the first place.. Please help me..
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #6

    Dec 20, 2011, 07:30 PM
    Why do you need SSN rejection letter?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #7

    Dec 21, 2011, 07:46 AM
    MukatA:

    Because the rejection letter practically assures issuance of the ITIN.

    sudarshan1985:

    Email me at [email protected] and we can discuss your options in detail.

Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

ITIN rejected for wife on H4 [ 1 Answers ]

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...

ITIN rejected for my children [ 6 Answers ]

Hi, I got a letter today from IRS that both my applications for ITIN for my dependent kids have been rejected. I had sent the notarized passport copies with the W7 forms. Here is a snippet of the letter: You indicated the reason you are submitting Form W7 is that you are a spouse or a...

ITIN Rejected [ 4 Answers ]

Hello! I am on H4. I have submitted the necessary documents for ITIN twice (1nce were rejected as documents were not notarized by US notary). I have been rejected for ITIN again. What should I do as the reason is not clear, and my Husband who is on H1B is awaiting for it to file his tax...

H4 spouse-working in india- requirement of ITIN [ 1 Answers ]

Hi, I am an H1-B visa holder, and in U.S since Dec 2005. My husband is on H4 visa and visited U.S from April 17- June 24, 2006. Now when I am filing taxes for 2006, can I apply for w-7 for him, he is not here but in India now. He is working in India. Then can I get the benefits of a married and...

View more questions Search