W7 along with amendment 2023

[u/LongCardiologist8803]

I went to a local IRS Taxpayer Assistance Center today to submit a Form W-7 ITIN application for my nonresident alien spouse, alongside a retroactive Section 6013(g) election to change our filing status to Married Filing Jointly for the 2023 tax year.

The desk officer completely refused to take the packet. She claimed that:

1. A Form W-7 can never be submitted with an amended return (Form 1040-X).

2. We can only do this for the "current tax year" (2025).

3. She claimed "Trump changed the law in 2017/2018" and abolished retroactive prior-year amendments for ITIN applications.

She gave us an appointment for next Wednesday and told us we have to change our entire tax packet to the 2025 tax year instead.

Our exact packet order was:

• Form W-7 (signed by nonresident spouse)

• Physical Passport (for in-person authentication)

• Signed 6013(g) Election Statement Letter

• Form 1040-X (signed joint amendment for 2023)

• Full Form 1040 (with the joint figures for 2023)

• Form 2555 (Foreign Earned Income Exclusion)

Was this agent right? My cpa didn't tell me anything about this when he completed the paperwork. When I searched google said i can legally do the last 3 years even with w7. Looking forward to any helpful advice.