Query - Married filing Jointly / ITIN / H4 visa cancellation

[unknown123]

Hi there,

Background: After marrying to a H1B visa holder, i stayed with him in the US for 2 months in 2011, after which I returned back to my home country. We are now planning to apply for Divorce in the home country.

Appreciate if someone could help me on below 3 issues:

1) H4 visa stamped on my passport got expired on 22-Aug-2012 (since H1B was also getting expired then). I have never been to the US after i came back, how do i get my H4 visa cancelled? Is there any form for that? Or since the visa already got expired on 22-Aug-2012, i don't need to do anything !!

2) Inspite of my non-confirmation on the ITIN, my husband says he filed his 1040 tax return under "Married filing jointly" status keeping spouse's ITIN number "awaited" - is it possible to do this? Or W7 needs to be compulsorily submitted along with 1040 tax return?

3) He wants me to apply for ITIN - all i want to know is what are the side-effects of ITIN? Can it be misused? And holding ITIN, do i have to comply any listed rules? Eg: May be file NIL tax returns every year or anything like that? Does it have any link with any of my future possible Visa applications to the US?


Thanks in advance !!

[raghvi]

Hi there,

Background: After marrying to a H1B visa holder, i stayed with him in the US for 2 months in 2011, after which I returned back to my home country. We are now planning to apply for Divorce in the home country.

Appreciate if someone could help me on below 3 issues:

1) H4 visa stamped on my passport got expired on 22-Aug-2012 (since H1B was also getting expired then). I have never been to the US after i came back, how do i get my H4 visa cancelled? Is there any form for that? Or since the visa already got expired on 22-Aug-2012, i don't need to do anything !!

2) Inspite of my non-confirmation on the ITIN, my husband says he filed his 1040 tax return under "Married filing jointly" status keeping spouse's ITIN number "awaited" - is it possible to do this? Or W7 needs to be compulsorily submitted along with 1040 tax return?

3) He wants me to apply for ITIN - all i want to know is what are the side-effects of ITIN? Can it be misused? And holding ITIN, do i have to comply any listed rules? Eg: May be file NIL tax returns every year or anything like that? Does it have any link with any of my future possible Visa applications to the US?


Thanks in advance !!

Cancellation of visa is only done by Consulate, after visa expiry there is no need of cancellation and you don't have to worry about it.

Technically you two havent divorced yet, but W7 is required to be filed concurrently with 1040 in order to get the benefit. Also, the tax refund if any will come in joint names hence unless you sign along with him he cant claim the refund.

Holding an ITIN is not going to harm you.

This is my opinion not legal advice.