I got married jan 2013 and my wife is still abroad waiting for her visa. I was sending money abroad to support her. She don't have SSN or ITIN. I am US Citizen. My questions is can I claim her as a dependent and file my tax as a married?
And once we have the ITIN, can I file with the status 'Married Filing Joint'?
<a href="http://www.irs.gov/Individuals/Acceptance-Agent-Program" rel="nofollow" target="_blank">http://www.irs.gov/Individuals/Acceptance-Agent-Program</a>. It takes a while to go through the process. They've changed procedures since I was a certifying Acceptance Agent, so I don't know the details, but the ITIN unit has a reputation for being very precise in checking the details.
Another option is to file for a tax extension till Oct 15, assuming that your wife will be in USA by then and will get SSN/ITIN and then file as married jointly.
In order to file US taxes, a person must have a taxpayer identification number. For those who are citizens or are allowed to work here legally, that number is the social security number. But if a person does not have a SS # and is not eligible to obtain one, that person must obtain an Individual Taxpayer Identification Number (ITIN). This requires filling out a Form (W-7) and presenting original or certified copies of proof of identity (must have photograph if applicant is 14 or older) and proof of foreign status. A current passport can be both. All documents must be current if they are the type which can expire (Birth certificates, which can be used for proof of foreign status, do not expire). Parents or guardians can apply on behalf of children. The documents presented must establish the relationship between parent and child. (Typically a birth certificate is used for this.)
The application must contain a completed and signed tax return, with the applicant's SS# space left blank. (Most tax software won't work if you don't put in a Taxpayer ID number. The trick is to use a dummy number (make sure it begins with 9. Only certain ranges of number works, so you may have to experiment. Then, depending on the software, you print the return out and use white-out on the number. (In some packages you can remove the # after the reviews and then print, but I don't think it does that with TurboTax.)
It gets tricky, because the application must go to Austin, Texas, and most people don't want to send their driver's license or passport off for 3 or 4 weeks. There is a way around this, however. You can locate a certifying acceptance agent (a person authorized by the IRS to inspect original documents and certify that the copy presented is identical to the original), who can then send the application and the certified copies to the IRS. IRS Taxpayer Assistance centers also provide this service. The IRS centers provide the service for free. The Certifying Acceptance Agents are permitted to charge for their services. You may also need to prove ineligibility for Social Security by presenting a denial letter. For those living abroad without access to a Certifying acceptance agent or an IRS office, t he government where you are may have a method of certifying copies of their own documents. Or you could try an American embassy or consulate.
http://www.irs.gov/pub/irs-pdf/p1915.pdf Publication 1915 - general description of the ITIN program
http://www.irs.gov/Individuals/Acceptance-Agent-Program - contains lists of Certifying Acceptance Agents
http://www.irs.gov/pub/irs-pdf/iw7.pdf Instructions for filling out Form -7
http://www.irs.gov/pub/irs-pdf/fw7.pdf Form W-7 (English)
http://www.irs.gov/pub/irs-pdf/fw7sp.pdf Form W-7 (Spanish)
Hope this is useful.
I am trying to file jointly with my wife, who came in the beginning of the year. But when there is a question did you live together in the same house and the app doesn't allow me to continue, because my answer is YES.
During 2013 we have been married but she was outside USA now, she is in USA and she has SSN, but lived separately during 2013. Why the app doesn't allow that?