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I can't file the tax return and your system did not point out that I can not claim my foreign wife as a dependent because she never obtained residency in the US. Re do ..

The tax form you let me complete is Illegal to file. You didn't ask me what country was my foreign spouse from or if she had obtained residency. only after going to the W-7 IRS form did I learn that. I need this return canceled. I know I printed it but it's useless and I paid you $54 direct debit. I want a refund or allow me to update my tax return now that I have the correct information from the IRS.

Your form questions should ask when a person selects a foreign soil as the home of the dependent, what country is it. Or it should say that only foreign located dependents with a green card can be claimed unless they are from Mexico or Canada. 
Your document:

My wife does not have a SSN or ITIN, how can I apply for taxes?

Here's how to first apply to a ITIN (TurboTax Instructions follow):

Use the latest revision of Form W-7, Application for IRS Individual Taxpayer Identification Number to apply. Attach a valid federal income tax return, unless you qualify for an exception, and include your original proof of identity or copies certified by issuing agency and foreign status documents.

Because you are filing your tax return as an attachment to your ITIN application, you should not mail your return to the address listed in the Form 1040, 1040A or 1040EZ instructions. Instead, send your return, Form W-7 and proof of identity and foreign status documents to:

     Internal Revenue Service
     Austin Service Center
     ITIN Operation
     P.O. Box 149342
     Austin, TX xxxxx-xxxx

You may also apply using the services of an IRS-authorized Acceptance Agent or visit some key IRS Taxpayer Assistance Center in lieu of mailing your information to the IRS in Austin. Taxpayer Assistance Centers (TACs) in the United States provide in-person help with ITIN applications on an appointment basis only. The IRS's ITIN Unit in Austin issues all numbers through the mail.


Here's what to do if you, your spouse and/or dependents do not have a Social Security Numbers and you are applying for an ITIN number (Note: You will not be able to file online)

·         Whenever TurboTax asks you for your SSN/ITIN, leave it empty. You will be warned about Errors but that's okay because you aren't going to e-file anyway.

·         Once you've entered all of your data and your forms are complete, TurboTax will tell you that you will have to file by mail because you have errors which prevent e-filing.   

·         Save all of the forms to your computer and/or print them directly from TurboTax

o    When attempting to print you will be warned that you have errors and asked if you want to proceed anyway, say yes.

·         Sign your return along with your spouse if Married Filing Jointly and include any withholding (copies or W-2) or other documentation that would normally accompany your return.

·         Write the words "Applied For" for all missing Social Security Number fields

·         Mail your return with your W-7 form along with all required and notarized documents.

Make sure you mail your tax return, along with the ITIN application, to the address given on this page --> ITIN Information

1 Reply
Level 13
Level 13

I can't file the tax return and your system did not point out that I can not claim my foreign wife as a dependent because she never obtained residency in the US. Re do ..

Don't understand the issue  --   (a) TurboTax instructions were not explicit enough ( always can be improved for sure) or (b) your printed return is not fileable  as is  or (c)  you just want to correct your  unfiled  return or (d) what?

Note that this topic has been discussed manytimes on this board.  Also  (a) as a married person you have only two ways to file ( absent any dependents living with you for whom you are maintaining an abode) -- MFJ and MFS. Both of these require the details of your spouse.  ITIN application is only useful if you are filing MFJ --- but this also means that both your world incomes come under the purview of the US taxation ( Federal for sure  and the State would also want its cut ).  There are quite a few other ands, ifs and buts involved  and your own immigration status is important ( US citizen/ resident / resident for tax purposes  and sometimes the type of visa-- if applicable ).  If this is your first year a US tax return with a non-resident spouse, you may want to consider getting professional advice.  If you have specific questions , you can add these in comment  and one of us should be able to help you

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