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Get ITIN with maiden or married last name?

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  • Get ITIN with maiden or married last name?

    I am on a dependent visa (H4). My husband and I are filing taxes jointly this year. My visa has my maiden last name and I entered the US on my old passport with my maiden last name. I applied for a change of last name to the local consulate and got my new passport with the married last name.
    When I apply for an ITIN, should I use my maiden last name (per my visa & old passport) or my married last name (per my new passport)? I would prefer to use my married last name as my visa expires within 6 months.
    I would be applying for an ITIN when I file for our federal taxes. Do I need to send IRS any other documents in addition to the notarized front and last page of the new passport?
    Can we file state taxes (CA & NJ) even if I don’t have my ITIN?
    Please advice, thanks.

  • #2
    You should apply for ITIN in your current name, which is your married name.

    In addition to the copy of your current passport, you will have to send the copy of your marriage certificate and old visa in the old name.

    You can apply for ITIN at the same time you file your tax returns.
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    • #3
      Thanks for your response.
      Should these copies (current passport, marriage certificate and old visa) be notarized? I checked on the the IRS website. They request notarized copies of passports to process ITINs.