Yes, you can file jointly with your wife and claim your daughter. See the information at this link: Nonresident
Alien Spouse
How to Make the Choice to file jointly:
Attach a statement, signed by both spouses, to your joint return for the first tax year for which the choice applies. It should contain the following information:
- A declaration that one spouse was a nonresident alien and the other spouse a U.S. citizen or resident alien on the last day of your tax year, and that you choose to be treated as U.S. residents for the entire tax year
- The name, address, and identification number of each spouse. (If one spouse died, include the name and address of the person making the choice for the deceased spouse.)
The Qualifying Child and/or Qualifying Relative rules both apply this rule (Your daughter cannot be entered on the tax return unless you can meet this rule):
- You can't claim as a dependent a child who lives in a foreign country other than Canada or Mexico, unless the child is a U.S. citizen, U.S. resident alien, or U.S. national.
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U.S. National -An individual who owes his sole allegiance to the United States, including all U.S. citizens, and including some individuals who are not U.S. citizens. For tax purposes the term "U.S. national" refers to individuals who were born in American Samoa or were born in the Commonwealth of the Northern Mariana Islands who have chosen to be U.S. nationals instead of U.S. citizens.
Apply for an ITIN for both the daughter and your wife by attaching a Form W7 to the tax return. Your tax return must be mailed (E-file is not allowed in this situation).
Enter "Applied For" in the social security number slot under the My Info tab (TurboTax online version), or Personal Info tab (TurboTax desktop version) if that doesn't allow you to proceed to file by mail try the SSNs shown below. If you use numbers, be sure to white them out after print and before mailing your return.
Prepare a Form W7, for each person who needs an ITIN, then include it with the required documentation with your return. File the return to this address.
Internal Revenue Service . ITIN Operation . PO Box 149342 . Austin TX 78714-9342
FYI, this applies to the current tax year, 2017. Follow these steps to prepare your return for mailing.
- Complete Form W-7 - IRS.gov (IRS - W7 Instructions)
- Complete your federal and state tax returns using the number 999-88-9999 in place of a Social Security Number.
- Print the tax returns and cross off the 999-88-9999 from the SSN field. Do not attempt to e-file your return.
- Write "Applying for ITIN; Application attached" next to the SSN field.
- Mail the signed federal return, the completed Form W-7, and all documentation required by the Form W-7 (Alternatively, you may choose to take all this information in-person to a local IRS office for processing.)
- If you need to file a state tax return: Mail the signed state return and a copy of Form W-7 to your state's regular filing address.
