One more question, if our expert is not capable of explaining this to the IRS. I understand my husbands tax return will still go through not including me. Is th...

Understood thanks !

So in order to fix this should we have the preparer prepare a new tax return and W7 with my maiden name and refile both ?

My husbands tax return were prepared by an accountant that is also a certified acceptance agent. In his opinion both last names had to match.