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Currently married but I entered single since my family doesn't leave in the US, they leave in the Philippines. Can I claim them or should I just enter single?

 
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2 Replies
kaminjr
Returning Member

Currently married but I entered single since my family doesn't leave in the US, they leave in the Philippines. Can I claim them or should I just enter single?

If you are married, you have two choices, "Married" or "Married Filing Separately".  It is usually to your benefit to file as "Married" unless there are unusual circumstances (which you can lookup separately).  So, yes, you can claim your wife and your children.  I am assuming you are NOT in the middle of getting divorced which may raise other issues where you would need to discuss with your wife how best to file.

Vanessa A
Employee Tax Expert

Currently married but I entered single since my family doesn't leave in the US, they leave in the Philippines. Can I claim them or should I just enter single?

It depends.  If you are married, your filing options are Married Filing Jointly or Married Filing separately.  Also, are you a US Resident for tax purposes or a Non Resident Alien?  

 

If you are a Non Resident Alien because you have not yet met the substantial presence test (have been in the US for 183 days), then you would need to file a 1040 NR which TurboTax does not support, however, our partner Sprintax.com does. 

 

 If you are a US Resident because you have met the Substantial Presence Test, and your spouse is choosing to be treated as a Resident as well, you will need to apply for an ITIN when filing your return. If you choose filing jointly, you will need to print and mail your return along with the W-7 which is an application for an ITIN and any other required documents to the address in the instructions

 

 If your spouse chooses to be treated as an US resident for tax purposes, and you want to file as Married Filing Joint, you would need to include their income FROM ALL SOURCES WORLDWIDE (not just what they earned in the US) on your return as well and they would be taxed on it. 

 

If you file as Married Filing Separately, then tell TurboTax you are married and then walk through the rest of the steps telling it that your spouse is a non resident alien and you will be filing separately.  

 

If you met the Substantial Presence test during 2024, you would be a Dual Status Alien and would need to file both a 1040 and a 1040NR, claiming only the income you earned after meeting the test on your form 1040.  Also, be aware, if you are a dual status alien, you cannot take the standard deduction, only itemized deduction. 

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