[deltamistry]

Hi
My name is Kalyan Mondal-- Iam on F1 OPT status and fromlast year I am considered as resident aliegn. This year I filled my Tax Return with an application for ITIN for my wife. But that has been rejected on the ground that she does not have valid US Visa. Her visa expired last year but with my OPT Status neither I nor she can leave US as OPT status does not allow re-enter in US. We are legally allowed to stay here under OPT status and currently I am doing post doc with Florida State University. I completed my PhD from University of Florida. Now to get the deduction for her part as well as get the ITIN no what should I submit -- She came here January 2007 and we are eligible to get deduction for her.. We filled the Tax return Jontly.

She has ajoint bank account, valid Learner's permit, valid health insurance.

If you can suggest what documents I need to submit to get the ITIN for her-- that will be great

Also I have one more question-- do my previous school supposed to give me a new I 20 with OPT being authorized---

Thanks a lot in advance
Kalyan

[AtlantaTaxExpert]

Her visa status should not matter; you can file jointly with your spouse regardless of her physical location.

You need to re-submit the ITIN application with either an amended return or a new return with a cover letter stating that fact.