W-7 and Visa vs. legal statsus

[dana0607]

Hello, I need to file W7 for my kids as dependents for my husband. our visa in the passport is O3, however, our legal status changed to H4. Should we mention the visa in passport? should we wait to file taxes until we change our visa to match the status?
what happens if my husband changes visa in passport before me and the kids (he has business trip)?

[KurtL1 · Accepted solution]

On the Form W-7, Question 6c you are required to enter the child's visa type, its number and expiration date. If the children are being issued new visas you need to wait until they receive the visas so you can enter the new visa information. The visa status of the parents is not entered on the form.

[dana0607]

Thank you!

The children will be issued new visas only when they travel abroad.  We do plan to do so in April. So its best to wait? They have a visa in passport but it is diferent status then what was approved for us recently (we have uscis approval but visa is only issued from us embassy  abroad)

[KurtL1]

You are welcome.

Yes, you should wait until you receive the new visa's.

If you do not receive the visa's by April 15th you can file for an extension of 6 months to file your return. The extension form, Form 4868, will not be ready in Turbotax until later this tax season.