topic ITIN REJECTED / J2 Visa / CHILD AGE 7 / PRIMARY HOLDER J1 VISA in Deductions & credits

ITIN REJECTED / J2 Visa / CHILD AGE 7 / PRIMARY HOLDER J1 VISA

sundargba — Wed, 11 Feb 2026 08:46:37 GMT

I am in the J1 visa category, and my children are in the J2 visa category, aged 7 and 12. They have been with me for more than 300 days in the last year. I filed a tax return (jointly married filing) using the 1040 form for 2023, along with an ITIN-W7 application to the IRS office in Cleveland, Ohio. I claimed a tax benefit under Schedule 8812 in the 1040 form and mentioned my kids' names on the form where the ITIN column indicated Applied (the original W7 was enclosed with the filing).

After six weeks, the ITIN application was rejected, and I received a standard letter stating two reasons:

1. I did not include a completed and signed US Federal income tax return

2. I either wasn't listed on an attached U.S Federal Income Tax Return, or I was listed but not claimed for any allowable tax benefit.

However, I compelted and signed 1040, attached the W7, and claimed Schedule 8812 for child tax credit

Now the IRS has sent a letter stating that I have to pay additional tax because my child does not have an ITIN. I reapplied with their rejection letter.

How can I obtain an ITIN and get the tax benfit for 2023 .. your suggestion will be highly appreciated

Re: ITIN REJECTED / J2 Visa / CHILD AGE 7 / PRIMARY HOLDER J1 VISA

pk — Mon, 08 Apr 2024 16:12:34 GMT

@sundargba , first Namaste;

Second, TurboTax provides only tax prep and transmittal service. The ITIN issuance is ONLY done by IRS.

Third, are a J-1 teacher/researcher or student/trainee --- what I am trying get to is if you are a Resident for Tax purposes and therefore must file form 1040 OR a Non-Resident Alien and must file form 1040-NR.

When did you enter the USA with J-1 ?

Did your family enter at the same time?

Are you married to another NRA or to a US person ( citizen/GreenCard / Resident for Tax purposes ?

If you arrived in 2022, how did you file your return for calendar year 2022 ?

I will circle back once I hear from you ?

Re: ITIN REJECTED / J2 Visa / CHILD AGE 7 / PRIMARY HOLDER J1 VISA

sundargba — Mon, 08 Apr 2024 17:52:53 GMT

Thank you for your response.

I arrived here in January 2022, while my spouse and children joined me in July 2022.

For the 2022 tax return, my spouse obtained an SSN and filed a joint return, submitting a W7 for our child. However, it was rejected twice due to the absence of a child tax credit claim.

For the 2023 tax return, we filed a joint return as married, using Form 1040, and claimed the child tax credit, noting it as "Applied." We also submitted a W7 for the children along with the return.

As for the 2023 tax return, we have been in the USA for almost 300 days.

We have resubmitted the W7 with the 1040 form now, as we didn't file Form 1040 NR, having filed jointly as married.

Additional Question: Can I file tax extension Form 4868 after filing Form 1040, considering the W7 for my kids is still in process? Your response is highly appreciated.

Re: ITIN REJECTED / J2 Visa / CHILD AGE 7 / PRIMARY HOLDER J1 VISA

SusanY1 — Mon, 08 Apr 2024 18:10:16 GMT

Yes, you can file Form 4868 since the ITIN application is in process, and it is a good idea to do so. The IRS should use the date your return was received with the ITIN application as the date your return was also received, but that is a manual process and as such there is room for error.

Re: ITIN REJECTED / J2 Visa / CHILD AGE 7 / PRIMARY HOLDER J1 VISA

sundargba — Mon, 08 Apr 2024 18:27:52 GMT

Hello,

I already filed 1040 Filed Jointly (J1 and J2) and W7 is re-submitted along with 2023 filed returned.

Can i still be allowed to submit Form 4868?

Thanks & looking for your suggestion

Re: ITIN REJECTED / J2 Visa / CHILD AGE 7 / PRIMARY HOLDER J1 VISA

SusanY1 — Mon, 08 Apr 2024 18:30:46 GMT

Yes, you can still submit the 4868. Since you would have printed your return to mail in, TurboTax should allow you to file it electronically. However, if you have any issues with that you still have time to mail it in. It would just need to be post marked prior to or on April 15.

Re: ITIN REJECTED / J2 Visa / CHILD AGE 7 / PRIMARY HOLDER J1 VISA

sundargba — Mon, 08 Apr 2024 18:44:53 GMT

I arrived in the USA on January 10, 2022, under a J1 Visa, while my spouse and children arrived on July 6, 2022, under J2 Visas.

My spouse obtained an SSN in September 2022, along with work authorization, and had income in 2022.

Therefore, we filed our taxes jointly with the assistance of a tax consultant.

For our children, we submitted W7 forms for ITINs, which were rejected almost three times during 2022.

Question: Is filing a joint tax return correct under J1 and J2 visas in 2022?

For the 2023 tax return:

We filed jointly (J1 & J2) on Form 1040 as both had income, along with my children's W7 forms for ITINs.

Once again, the return was rejected by the IRS.

For the fifth attempt, we submitted the W7 along with the previously submitted 1040 (which resulted in receiving a CP11 Notice to pay tax, considered for child tax benefit).

Now the ITIN application is under process, but it's uncertain whether it will be approved this time.

Re: ITIN REJECTED / J2 Visa / CHILD AGE 7 / PRIMARY HOLDER J1 VISA

pk — Mon, 08 Apr 2024 19:46:42 GMT

@sundargba , having gone through this thread and the response from my colleague @SusanY1 ( and generally agreeing with ), I am still uncertain as to your status.

The fact that your spouse on J-2 was given permission to work ( and therefore SSN) -- EAD, implies to me that you are a J1 Teacher/Researcher and not a student. And if IK assume that yolo are from India, then why are you not using the treaty condition of being taxed on your income for the first two years ? Similarly, I am not sure whether you are a resident for tax purposes or not ---- ( exempt ? ).

So please could you tell me whether you are s student/trainee or a Teacher/Researcher ? Which country are you from ? And if teacher/Researcher why did you not exclude your income from US taxes ? Are you exempt ?

Re: ITIN REJECTED / J2 Visa / CHILD AGE 7 / PRIMARY HOLDER J1 VISA

sundargba — Mon, 08 Apr 2024 19:54:01 GMT

J1 - Post Doc Reasearch

Country: India

I came 10th Jan 2022 & There was no tax under which filing 1040 filed Jointly with spouse.

Tax consultant didn't suggest to file 1040-NR.

Can you please advise what needs to be done further in 2023 tax return. I already filed as Married filed Jointly.

Re: ITIN REJECTED / J2 Visa / CHILD AGE 7 / PRIMARY HOLDER J1 VISA

sundargba — Mon, 08 Apr 2024 19:58:21 GMT

Additionally,

I was in USA during 2018 (Oct to Dec) and 2019 (Jan to March) in J1 post doc research. And again, came to USA in Jan 2022 with different J1 visa as post doc research. (After Two-year home residency rule)

Re: ITIN REJECTED / J2 Visa / CHILD AGE 7 / PRIMARY HOLDER J1 VISA

pk — Mon, 08 Apr 2024 20:10:35 GMT

@sundargba , primafacie I think your filing is good and you would not have been exempt ( from counting days ). And also I think US/India tax treaty limits the two year tax free earnings only for the first time ( I will have to refresh my memory on that ).

I am understanding from this that you have filed 2023 return ( MFJ) , included the children as NRA, filed by mail and included the W-7 and the documents needed for issuance of ITIN. You do not have to ask for an extension -- file the stuff on the assumption that the IKTIN will be issued. Generally IRS issues the ITIN retroactively when all the docs are met and when the person is listed on the return ( it is issued ONLY for the purposes of filing a return.

Once 2023 is processed and the KITIN has been issued, then you file an amended return for 2022 to claim the credit.

Does this make sense ?

Namaste ji

Re: ITIN REJECTED / J2 Visa / CHILD AGE 7 / PRIMARY HOLDER J1 VISA

sundargba — Mon, 08 Apr 2024 20:44:03 GMT

Does J1 (research) and J2 allowed to file jointly considered as resident for tax purpose in our case?

Re: ITIN REJECTED / J2 Visa / CHILD AGE 7 / PRIMARY HOLDER J1 VISA

pk — Mon, 08 Apr 2024 21:43:04 GMT

@sundargba if you are married , of course. Since the spouse's visa ( J-2) is a dependent visa , her status is same as yours.

If this has answered your query, please consider accepting the answer so the thread will close. If you have more questions on the subject, please add to this thread. If your questions are not of interest to general users, you can always PM me.

Namaste ji

Re: ITIN REJECTED / J2 Visa / CHILD AGE 7 / PRIMARY HOLDER J1 VISA

sundargba — Mon, 08 Apr 2024 23:10:14 GMT

Hello,

Thanks for your detailed response.

This question is the continuation of the previous question which may help the other user as well.

Given that my 1040 return for 2023 has already been submitted, if my children's ITINs are issued by the IRS after the tax return due date (15th April 2024), would I still be eligible to receive the Child Tax Benefit (Schedule 8812) for the year 2023 if I file an amended return upon receiving the ITINs?

Re: ITIN REJECTED / J2 Visa / CHILD AGE 7 / PRIMARY HOLDER J1 VISA

SusanY1 — Mon, 08 Apr 2024 23:44:48 GMT

Unfortunately, no. In order to claim the credit the ITIN (or SSN) must be issued prior to the tax filing deadline (including extensions.)

Re: ITIN REJECTED / J2 Visa / CHILD AGE 7 / PRIMARY HOLDER J1 VISA

pk — Tue, 09 Apr 2024 15:54:13 GMT

@sundargba also note that for issuance of ITIN, the easiest way is to file the application along with the return and show that you need this for filing only by including the person/dependent on the return. In such a case , the ITIN is issued retroactively for the year in question.

If on the other hand , you file the W-7 application separately ( either before or after the return is filed ) it stands on its own merit. Somehow you have to show that you are going to use the ITIN for filing a return.

In your case since it has been refused once, pay attention to the reason and correct that first ( curative action )

Since you have already filed 2023 return ( and have been accepted for processing ) , I would consider visiting the local IRS office along with the rejection letter and seek help. They are usually pretty good at helping ----- you may have to wait till after April 15th. though.

That is my take.

Good Luck and Namaste

Re: ITIN REJECTED / J2 Visa / CHILD AGE 7 / PRIMARY HOLDER J1 VISA

sundargba — Tue, 09 Apr 2024 19:11:22 GMT

I visited the IRS office during the 3rd week of March and re-submitted the W-7 form along with a copy of the 1040 Form.

Additionally, I submitted Form 4868 for an extension yesterday, which has been approved.

Am I allowed to submit an amended return if my ITIN is approved by any chance till 15th Oct?

It's truly a mystery why the ITIN has been rejected four times (three times in 2023 and once in 2024), and each time, the rejection letter contains the same standard reasons.

Re: ITIN REJECTED / J2 Visa / CHILD AGE 7 / PRIMARY HOLDER J1 VISA

sundargba — Tue, 09 Apr 2024 19:14:18 GMT

Thanks for your answer

I submitted Form 4868 for an extension, and it's been approved. I hope this will provide support until October 15th to file an amended tax return if my ITIN gets approved by any chance which allows to get child tax benefits

Re: ITIN REJECTED / J2 Visa / CHILD AGE 7 / PRIMARY HOLDER J1 VISA

sundargba — Sat, 13 Apr 2024 12:24:06 GMT

Can anyone clarify whether when applying for an ITIN with Form W-7 for my child, I have to consider the Child Tax Credit of dollar 2,000 or the Credit for Other Dependents of Dollar 500 per child?

Every time I apply for an ITIN, I have been claiming the Child Tax Credit of dollar 2,000 per child on my 1040 form. I am concerned this might be a mistake given our visa category.

Re: ITIN REJECTED / J2 Visa / CHILD AGE 7 / PRIMARY HOLDER J1 VISA

Vanessa A — Sat, 13 Apr 2024 12:27:13 GMT

You would use the Other Dependent Credit. In order to claim the CTC, your child must have a SSN valid for employment.