I am working in US on L1 visa. My wife and my son are in India. Can I file tax as married joint , also can I add my son as dependent. They both did not have ITIN number.

[bine22]

how long have you been in the US?

[rahulkhandelwal2]

I am in US from oct 2015

[bine22]

First, since you came on October 2015, you do not meet the Substantial Presence Test and are a non-resident alien. AS a non-resident alien you would have to file form 1040NR or 1040NR-EZ. You would file as Married FiIing Separately and would not be able to claim any dependents. These forms are not supported by Turbotax.

You would have the option to wait to file your return until you do meet the SPT and then make two elections, the first year choice and the choice to treat your spouse as resident alien. You would then be able to file jointly, however, you would have to report worldwide income for both of you for the entire year (but could claim the foreign paid tax credit of the foreign earned income exclusion for your spouse). You would need to apply for an ITIN for your spouse. You cannot claim your child on this return either as the child must meet the SPT as well (or must be able to make the first year choice).

Have a look at publication 519: https://www.irs.gov/publications/p519/

[MegamanX]

If your wife and son do not have Social Security numbers, then you cannot claim them. If this is the case, file as single.

[bine22]

this is bad advise.

[MegamanX]

Sure.