My Spouse & dependents ITIN are not yet Issued by IRS. I applied in Jul23, Can i file joint Tax with Spouse & kids as dependent.

[saksalman]

My Spouse & Dependents  ITIN are not yet Issued by IRS.
I applied in Jul23.
Can i file joint Tax with Spouse  & Kids as dependent. 
How long will my Kids have to stay in a year with me, if they travel back to other country. 
Also Can i File as Single and add my kids as dependents.
how long tax refund process will take?
Any complication?

[DoninGA]

If your spouse and children do not have a SSN or an ITIN, they cannot be entered on your tax return unless you are including a W-7 with your tax return for all of them.

IRS website for an ITIN - https://www.irs.gov/individuals/how-do-i-apply-for-an-itin

If you are a US citizen or US resident and your spouse does not have a Social Security number or an ITIN and you are not applying for an ITIN with the tax return then you can only file your tax return as Married Filing Separately.  Where asked to enter the spouse's Social Security number enter 999-88-9999.  You can only print and mail your tax return, it cannot be e-filed.  When you print the tax return erase the Social Security number for your spouse and manually enter NRA for non-resident alien.

See this TurboTax support FAQ for the procedure to print and mail a tax return using the online editions - https://ttlc.intuit.com/questions/1944348-how-do-i-print-and-mail-my-return-in-turbotax-online

If you decide to file your tax return as Married Filing Jointly you must apply for an ITIN with the tax return and you would need to be providing a statement with your tax return that you want your Nonresident Alien Spouse Treated as a Resident.  See IRS Publication 54 Tax Guide for U.S. Citizens and Resident Aliens Abroad page 7 - https://www.irs.gov/pub/irs-pdf/p54.pdf

Go to this IRS website for ITIN information - https://www.irs.gov/individuals/international-taxpayers/general-itin-information

[saksalman]

Thanks for the Reply. 

I have deiced to file for Extension and then apply for My Spouse and Kids ITIN again.

could you please clarify me the following points.

i have applied for my family ITIN in Jun23, it got rejected coz i have not provided copy of my tax return along with W7 in Aug23 and then i responded IRS with copy of my Return along with the rejected Letter in Sep23, since then i did not get any update from them, 

I called IRS to check the status of My ITIN application, i got three different response in three different call. 

1) Suggested to wait for reply from IRS.

2) Apply again with Same details 

3) Apply again with New W7 and New file.

please suggest what should be the right approach out of three or As you have suggested i will apply for new ITIN along with IT return and Submit.  

[Vanessa A]

All three of the responses you received from the IRS are correct responses.  However, if you are trying to file a tax return for 2023, you may find it simplest to file your return for 2023, attaching the W-7 , claiming your dependents and entering your spouse all in one step. 

[saksalman]

Hi need some further clarification on these points. 

What is the duration of my Kids have to stay in a year with me if i want to claim child allowance,

They visited US for 3 months and travel back to native country,  can i claim them as dependent ?
I have already applied for there ITIN number with IRS.

[Vanessa A · Accepted solution]

In order to claim your kids they must live with you for more than 6 months out of the year.  So, if they only lived with you for 3 months, then no, you would not be able to claim them as dependents.  

Also, unless they have a SSN valid for employment, you would not be able to claim the Child Tax Credit, only the Other dependent credit.