Re: Foreign Marriage in Vietnam
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New Member

Foreign Marriage in Vietnam

I married my wife in May 2018 and she has also given birth to my daughter on June 30th 2018. I'm currently in the process in doing paperwork for my wife and child to come to America but at the moment they won't be coming over anytime soon before filing for tax. I support them overseas. How should I file my martial status taxes and dependents? Can I even claim them as dependents? Since the marriage license was done in Vietnam, would it be recognize in the United States? What should be done and can be done in order for me to maximize my tax returns. Also, she has never been to United States even once.

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Level 15

Foreign Marriage in Vietnam

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Level 11
Level 11

Foreign Marriage in Vietnam

@SwpTom , before I answer  this question, it would be helpful to know if you are US citizen/ Resident( Green Card ) / Resident for tax purposes or a Non-Resident Alien ( work visa ).  If you are a Non-Resident Alien yourself, then when did you come into country and  with what visa?

 

Generally when a US citizen/Resident ( Green Card )/Resident for Tax purposes has a spouse whom is a Non-Resident Alien and  does not live in the USA, the  only filing status  available  is  Married Filing Separate .  This  will still require an ITIN for the spouse for e-filing a return.  File by mail is available  when the spouse does not have an ITIN/SSN.

US generally recognizes legal marriage  from most countries ( including Vietnam ).  A child born abroad will need a passport and birth certificate  ( preferably certified by the local US consulate ) for getting ITIN

Please could you answer the questions posed above and I will come back  and answer as soon as possible.

 

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Community Manager

Foreign Marriage in Vietnam

@SwpTom There is also some great information here (https://turbotax.intuit.com/tax-tips/family/claiming-a-non-citizen-spouse-and-children-on-your-taxes...) with some additional related links that may help. 

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