My wife and son have H4 visa and are currently outside US. They are not eligible to get SSN not they have ITIN. Should I file my tax return jointly or separately?

Forum|Forum|6 years ago
March 17, 2020
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DianeC958

Level 12

You should file as Married Filing Separate. If your wife and son do not have an ITIN or SSN you cannot claim them on a United States tax return.

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nirav-soni210Author

Level 2

Can I apply for ITIN for my wife and son before filing the return? I am not sure how I can do that if they are not in US. Also, if I file is separate, that would affect the refund I might get, am I right?

DianeC958

Level 12

Yes, you can apply for ITINs for your wife and son before you file your tax return. It usually takes about 7 weeks for the ITIN to be issued. You can file for an extension to file your tax return which then you are not required to file until October 15, 2020.

If you have a balance due the amount still needs to be paid by July 15, 2020.

Yes, you are correct that filing as Married Filing Separate does affect the refund or tax due on your return.

How do I apply for an ITIN?

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