[sundarks]

Hi, I am on H4 and My husband is on H1 and He recntly filed for my ITIN no . We got a rejection letter stating that we did not provide sufficeint documentation proving foreign status. But we did provide all the necessary documents. We came to US in oct 2008 our visa expired in Feb 2009 . We had filed for extension and got the same. But we haven't stamped it yet. So for applying the ITIN we sent a notarized copy of our passport along with the extesnion petition documents and new I-94. So am not sure why it was rejected. Should we have written a cover letter explaining the same . Also in the rejection letter they had mentioned this and I quote
" A valid US federal tax return will be processed with a temporary IRS number.
In addition a valid US federal tax submitted with a rejected form W-7 application for dependtent or spouse will be sent forward for processing. The dependent exemption will be dissallowed and a spuse who is declaring income will be assigned a temorary internal revenue service center number"

Can some one please explain what the above paragraph means? Also would like to to know if we can resubmit the ITIN application and once we get the approval can we proceed with the returns and will we get the refunds.

[MukatA]

Normally, you submit W-7 with your tax return.
What was your reason for submitting W-7?

[sundarks]

We submitted W-7 with the tax return for 2009. We were advised to apply for ITIN along with our 2009 return. We were told that once the itin is approved we can file for the returns. Is my understanding on this correct. Also can what does that para mean in my question that I quoted from the letter... your help is really appreciated in this regard.


Thanks!

[AtlantaTaxExpert]

The Form W-7 is submitted WITH the tax return.

The IRS evaluates the W-7 and, if they accept the W-7, issue the ITIN, insert it on the tax return, process the return and issue the refund, while aimultaneously generating the ITIN letter which is sent in a separate envelope.

If the tax return was processed without the ITIN, you will need to amend the 2009 tax return when you re-submit the W-7 to request the ITIN.

[sundarks]

Hi, We went to the IRS local office where the concerned person checked for the case no written in the rejection letter and confirmed that they had not proceeded with the processing of the return. We were told to submit a state id along with the other documents . The lady there took the copy of all the other necessary documents gave us a copy of the same and put the IRS stamp which said it was said "received". Then she said they will send the documents to the IRS head office at Austin and we did not have to anything but wait for a response from them. I hope this solves the problem

[AtlantaTaxExpert]

That should do it; good luck!