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jonathanann · Feb 13, 2011, 09:23 PM

My wife has an expired visa and is not in USA anymore. Now, we apply for ITIN, but do we need put visa information in 6c section?
Does it ask for valid visa info?

AtlantaTaxExpert · Mar 7, 2011, 03:12 PM

Your wife does NOT need a visa to apply for an ITIN. If her passport is current and valid, then a photocopy of the passport that is notarized in the United States is all that is needed.

jonathanann · Mar 7, 2011, 03:38 PM

Thank you for your answer. But, she is now overseas and does not have a valid visa. She will not come back here anymore. But, last year when she was in USA, she was on L-2 visa. And that time she did not get SSN, as we did not think we will need it for her.

Now, we filed W-7 form with a passport copy that was notarized in USA. And in visa information we have put expired visa details. Did I do it right?

AtlantaTaxExpert · Mar 8, 2011, 09:12 AM

Again, you can leave the visa information on the Form W-7 BLANK! She does NOT need a visa nor does she even have to be in the United States to get an ITIN as your spouse in order to file jointly.

On a JOINT return, her physical location is irrelevent! She could be on Mars for all the IRS cares!