What filing status do you plan to use? If you are filing as a Non-Resident Alien, then you will need to file a 1040NR, which TurboTax does not support. You can use Sprintax for help with filing the 1040NR.
Your filing status will affect affect how you proceed.
If you meet the Substantial Presence Test or the Green card Test, then you can file as a US Resident. If you did not meet the substantial presence test until part way through 2023, and you elected First Year Choice you would have to file as a Dual Status Alien
If you are filing as a Resident Alien, then since you are married, your only filing options are Married Filing Jointly or Married Filing Separately. In both situations, your spouses SSN or ITIN must be included on the return in order to e-file.
Since she does not have an SSN or ITIN if you choose to file Married Filing Separate, you can try typing NRA in as your spouses last name. Make sure you put a check mark in the box that says My spouse is a Non-Resident alien in the My info section. When you get to the end and try to transmit the return, ignore the e-file errors regarding your NRA spouse and select transmit your return. If that does not work you will need to print and mail your return and write NRA (Non Resident Alien) in the space for her SSN.
If you file as Married Filing Separate, then you would only include your income.
If your spouse chooses to be treated as an US Citizen for tax purposes, and you want to file as Married Filing Joint, you would need to include their income on your return as well and they would be taxed on it. If you choose filing jointly, you will need to print and mail your return along with the W-7 and any other required documents to
IRS
ITIN Operation
P.O. Box 149342
Austin, TX 78714-9342
In order to claim your daughter as a dependent on your return, you would need to have a SSN or ITIN in order to claim them on your return. If your child does not have a SSN valid for employment, they would not qualify for the Child Tax Credit, but they may qualify for the $500 Non-Refundable Other Dependent Credit if they have an ITIN.
Claiming Non Citizen Spouse and Children on Your Taxes
US. Tax Guide for Aliens
**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"
