pk
Level 15
Level 15

Deductions & credits

 @akumarv , thank you for sharing the details -- much appreciated.

Yes , using the ITIN of your wife, you indeed would be able to file as MFJ for the  tax year 2019.

Yes you can and should use TurboTax -- all it needs is the ITIN, it has no way of knowing that it has expired or needs renewal.

Because of  longer term plans it makes sense for you to renew  your wife's  ITIN --- you need to make sure that her  visa  is valid.  Perhaps she can visit the US consulate in Delhi or a town near where she  is  and get help  there on getting the ITIN renewed or at least get a certified copy of her passport for submission to the IRS.  While I am not conversant with the requirements of ITIN renewal,  for issuance of ITIN, one can file a joint return and include  W-7 ( application for ITIN ) and the documents required  for retrospective issuance of ITIN. Perhaps a similar process exists for renewal --of course that would mean filing by mail to get human interaction and  issuance of ITIN.   Note that renewal ITIN is the same number as before  just extension of time period.

To iterate , for the 2019  tax year her current ITIN is still valid and can be used for filing the  tax for the year.  And yes  given your plans you need to file for the extension ASAP.

 

Does this answer all your query?

 

Namaste ji 

 

PS --- @akumarv   there are CAA in India -- they can certify the documents for the ITIN application -- thus you do not have to send in the passport of your wife -- see below:

 

https://www.irs.gov/individuals/international-taxpayers/acceptance-agents-india

 

pk