Hi Everyone,
I'm H1B holder, my wife and son are H4 holders correspondingly. My intent was to to file return as 'Married Filing Jointly' but my wife doesn't have ITIN (simply didn't get ITIN beforehand.....):
1. Is my understanding correct that the only option left is filing 'Single'? Doubt we'll get ITIN in time if W-7 will be filed now.
2. In case of filing Single - can I still claim my son as dependent? I've tried this option but getting the "Not eligible" due to "doesn't meet the citizenship or residency requirements". My son meets substantial presence test (resident alien) and other requirements like how long he lived with me. Citizenship drop down menu provides the following selection: US citizen or legal resident, A resident of Canada or Mexico, None of the Above. I've selected none of the above.
