I'm married to NRA. She lives in overseas with my Children. They don't have SSN. My W2 shows status of single. Is that possible to file as married and claim my Children?

[louqmani]

I got married just after getting my visa to enter the U.S. So, I got status of single on my passport when enter U.S. Now I'm a permanent Resident. On my 2017 W2 it show single as my Marital statu but in reality I'm married since 2015. My wife and my Children live abroad, they don't have SSN. Is that possible to file my 2017 tax return as married and claims my Children?

[bine22]

Since when do you have a green card? And when did you come to the US? On what visa? Do you  children have green cards? Since you are married, you do have to file as married, however, your options depend o your and your children's status.

[louqmani]

I came in the U.S. October 11,2015 with DV visa( lottery) and got my green card March 2016. My children don't have green card. My wife was pregnant of my daughter when I left for U.S and my stepson was 3 years older.

[louqmani]

So, I decided now to file my 2017 tax return as married and claims my Children. I will request a ITIN( an Individual Taxpayer Identification Number) for them include my wife. Is that possible to file as married filing jointly and claim my Children?
    Thanks

[louqmani]

Thank u so much for your response. Everything is clear for me now. But, can u show me how that declaration Statement look like? Also can I file an Amended( form 1040X) for 2016 tax return ?because I didn't no that possible to file jointly with my wife exist for me, so, I file my 2016 tax return with statu of "Single" my wife doesn't have income abroad since 2016

[bine22]

There is no template for such a statement, but you can read more about it here: <a rel="nofollow" target="_blank" href="https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse">https://www.irs.go...> You will definitely need to amend your return for 2016, as filing single was not an option. You can amend to MFS or to MFJ and submit the mentioned statement already with the amended return (and you would not need to send the statement in subsequent years again)

[louqmani]

Your answers were very helpful to me. Thanks for your availability. Once again I would like to know if the amended return will be send to the same address that my 2017 tax return. I live in Virginia. Would I waite until my wife ITIN be available before sending the amended return one or I can also requested an ITIN for that one too?

[bine22]

If you amend the 2016 return to married filing jointly, I would do that one first to apply for an ITIN and add the statement to treat her as resident alien. You might want to apply for an extension for this year. returns with ITIN applications are sent to AUstin, you can see the address in the instructions for form W7

[bine22 · Accepted solution]

You cannot claim your children, as they are not resident aliens nor permanent residents or citizens.

You can file jointly with your wife. But in order to do that, you must add a statement treating her as resident alien for the entire year (unless you already did that for 2016). You would have to report her worldwide income as well and apply for an ITIN for her on form W7.

Have a look at publication 54 https://www.irs.gov/pub/irs-pdf/p54.pdf