how to file 2024 irs taxes; I'm a US citizen and my spouse is a non resident alien that lives in another country with no income and with child which i support them both?

[JMLaFata1]

we got married in August 2021, but the forms state i can not claim them because they did not live with me, but i have supported them?

[KeshaH]

To file a joint return, your spouse will need to elect to be treated as a resident and will need a Social Security number or ITIN. Otherwise, you'll need to file as Married Filing Separately. If they're living in Mexico or Canada, you can claim your child as a dependent but they would also need an SSN or ITIN.

[JMLaFata1]

I have been filing Marriage Jointly; you do not need a SSN or ITIN. I print my tax forms and give them to the IRS Office locally and where it states spouse SSN; I was informed by IRS to put NRA. But still; I should be able to claim my support even though they live in a different country not with me because the Visa process?

[DaveF1006]

Yes, you can claim wife without a SSN or ITIN but not your child.  Your child must have a SSN or ITIN in order to be claimed as a dependent according to the IRS.

Nonresident aliens – Dependents

[JMLaFata1]

Thank You; I understand this already; I'm trying to figure out if one sends support for his family; there's should be a tax credit even though they don't live with you...due to the Immigration process takes several years; is there a place where you can claim your financial support?

[SusanY1]

No, there is no place to claim the financial support sent to family members

You can't claim your spouse or any spousal support - but you CAN file jointly with your NRA spouse.  You don't need an ITIN or SSN to file separately but you do need one or the other to file joint return.  

You can file jointly with your spouse even if the spouse lives in another country.  In the first year that you make the election, you will sign and attach a statement electing to treat your spouse as a resident.  TurboTax will generate this statement after you indicate that your spouse is a nonresident alien and that you wish to file jointly and make this election.  

Filing jointly with your spouse gives you a higher standard deduction lowering your overall tax bill in most cases.  This is the only tax benefit available for supporting your spouse.  

Making this election doesn't have any impact on immigration status but does require that you include any income your spouse may have (that doesn't seem to be an issue here.)  It is also important to note that it is a once in a lifetime election.  You would need to file by mail in the first year and send your return along with Form W-7, the application for an ITIN, along with the required supporting documents to the ITIN processing unit.  The ITIN unit will issue the ITIN, add it to your tax return, and forward your return for processing.  
 

If your child meets the criteria to be a dependent, that is how you reap a tax benefit.  If the child isn't a US national or citizen, or a resident of Canada or Mexico, you can't claim the child or any support for the child.  If I understand the facts correctly here, it doesn't sound like your spouse's child qualifies at this time to be your dependent.  

[JMLaFata1]

Thank You for sharing that there's no credit for financial support. ugh.

Yes; I know about the SSN + ITIN too 🙂

My wife will be entering our country next month; presently I'm awaiting for her Green Card + SSN 🙂

Once she arrives; I will start the Visa process for my step-son.

Mahalo to All! 🙂