I am a resident alien have a non resident husband and child. they do not have any type of visa. I am working here in Texas to support my Family how do I file I am on my own. They do not have any Social Security number nor ITIN number. the only thing I have is a W-2 form from my job.
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You can File Married Filing Jointly but you wouldn't be able to claim your child as a dependnet without a Social Security Number or an ITIN.
After you report your spouse's information , there will be a question where you can say that you wish to report your spouse a resident for tax reporting. You will need to leave the Social Security Number blank. See the screenshot at the bottom of this post illustrating where you will make this election.
Now, you will need to go to the Social Security office and apply for a Social Security number for both your husband and child. You can also fill out an ITIN application and include this in your return. You may download the form here. If you plan on staying in the US though, I'd suggest applying for a Social Security number for both your husband and your child.
You won't be able to electronically file your return without a Social Security Number or ITIN. You will need to print and mail this and Turbo Tax will give you complete filing and mailing instructions. Here's the screen you will see to elect to report your non-resident spouse claimed as a resident for tax filing purposes.
Can I get an ITIN number for my son and husband even though they live in Mexico and dont have any legal status in the US?
Yes. 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 from worldwide 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 for both your husband and child and any other required documents to
IRS
ITIN Operation
P.O. Box 149342
Austin, TX 78714-9342
US. Tax Guide for Aliens
Claiming a Non-Citizen Spouse and Children on Your Taxes
Can I get an ITIN number for my son and husband even though they live in Mexico and don't have any legal status in the US? he lives in Mexico and does not work I send money over there to support them
Yes, you can still get an ITIN by following the instructions above for the W7 application. He does not have to be in the US or have any type of legal US status. As long as you are a US Resident, you can file a joint return with your spouse and include your child that lives in Mexico.
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