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Is my spouse's ITIN application accepted if my return (married-joint) status at the IRS website says "Your tax return is still being processed." ?

I sent my paper tax-return (for year 2019) to IRS last year. As I got married in 2019, I attached the ITIN application (Form W-7) for my spouse along with the tax-return. Later, I got a notice from IRS asking for supporting documentation. I sent my spouse's passport to IRS in Jan 2021. But, received a notice in Feb 2021 saying my ITIN application was rejected citing that they didn't receive the documentation. Had a call with IRS and mentioned the issue. The representative asked me to wait for a month.  

I got the passport back from IRS in the last week of March 2021. The return package included a letter stating that "We are processing your Form W-7... If you submitted a tax-return, it will be processed when your ITIN has been assigned".

Now, IRS refund check page says "Your tax return is still being processed. A refund date will be provided when available".

But, I didn't receive any notice yet from IRS with the ITIN number. When I contacted IRS today, they say my ITIN application was rejected and need to apply a new one.  When I said it contradicts with the letter I received and the refund status, she asked me to wait for a month before knowing the new status of the ITIN application.

My questions are:

1) If the return is being processed, can I assume that my ITIN application was accepted and I just need to wait for some more time to know its status?
2) Should I apply for a new ITIN just in case?

I need a solution urgently as I need the ITIN number to file 2020 tax-returns too and I have just 2 months of valid visa. Please guide me.
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1 Reply
SusanY1
Expert Alumni

Is my spouse's ITIN application accepted if my return (married-joint) status at the IRS website says "Your tax return is still being processed." ?

Given all of the circumstances that you describe, it sounds as if the ITIN was processed.  It can sometimes be the case that the IRS will process the tax return without the ITIN - but this is not usual.  However, you should still get a notification and you will still need to know the actual number to properly prepare your 2020 return.  
 

I would suggest that you call to check the status and I would not apply for another ITIN at this time as it could delay your 2020 tax return.  You can reach the IRS at 1-800-829-1040.  

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