pk
Level 15
Level 15

Get your taxes done using TurboTax

@dag444gad , as I understand from your post :

(a) you a US citizen are married to  a non-Resident Alien, have  children, live abroad along with your spouse and children abroad

(b) your past tax filing status  has been  MFS ( Married Filing Separate ) and you do not have  tax id   ( SSN or ITIN ) for your spouse.

(c) your spouse  now  has  foreign earnings  -- i.e. local earnings but NO US sourced earnings

(d) 2020 you wish to include your children as  dependents, assuming that they have a tax ID ( SSN or ITIN).

 

 (a) Since you are maintaining a household for your children, you can always file as  Head of Household ( HoH ) --- this ameliorates   the tax situation --- your standard deduction  is halfway between  single/MFS and  Married Fling Joint ( MFJ)

(b) Note that if your  spouse files with you  ( along with an ITIN), and a  note signed by both  wanting to treat her as a US resident, her world income  gets taxed  by the USA   ( even though  her  earnings may come under  foreign earned income exclusion).

(c) If your spouse has no desire to  currently return to USA, then it may be simpler to  get the ITIN/SSN for the children and  you file as  HoH -- you get all the benefits  and yet her earnings are  not taxed by the USA.  She can then change her status as and when she deems  worthwhile.

(d) HoH filing status does mean  that you become the  "custodial parent" for tax purposes  but has nothing to do with  anything beyond that-- does not abridge her  rights as a parent. -- This is only because  she as a "no-resident -alien" is a Non-US Person for tax purposes.

(e) This is pretty common situation for many US citizen ( not just the young ones either )whom have settled down  abroad.

 

Is there more I can do for  you?    BTW  I do not believe that TurboTax would require you to get a signed  statement   releasing  her rights to claim the children --- she is NRA ( and there is I believe , an exclusion for that )

 

Perhaps you should go through  the following "

1.  https://www.irs.gov/individuals/international-taxpayers/us-citizens-and-resident-aliens-abroad-head-...

2. https://www.irs.gov/pub/irs-pdf/p501.pdf ----------

                   "Nonresident alien spouse.

You are considered
unmarried for head of household purposes
if your spouse was a nonresident alien at any
time during the year and you don't choose to
treat your nonresident spouse as a resident
alien. However, your spouse isn't a qualifying
person for head of household purposes. You
must have another qualifying person and meet
the other tests to be eligible to file as head of
household."

 

3.  https://www.irs.gov/forms-pubs/about-publication-54

 

Is there more I can do for you ?