1748102
turbotax icon
cancel
Showing results for 
Search instead for 
Did you mean: 
Announcements
Close icon
Do you have a TurboTax Online account?

We'll help you get started or pick up where you left off.

Inquiring about adding my wife and my daughters as dependent but they are not in USA yet.

Hi,

I have an inquiry about my tax...I have L1B visa I arrived alone on March and filled my W4 as married with joint filling..but My wife and my daughters did not come yet to USA but they have L2B visa..when I file the tax how can I make them dependent if they did not enter USA and did not have any SSN ?

 

regards

 

x
Do you have an Intuit account?

Do you have an Intuit account?

You'll need to sign in or create an account to connect with an expert.

9 Replies

Inquiring about adding my wife and my daughters as dependent but they are not in USA yet.

This is a complicated situation, and you may want professional assistance this year. I will try to explain your options.

 

Although your wife has a visa, she will not be a US resident for income tax purposes until she steps foot on US soil. If that does not happen before December 31, 2020, then she is a non-resident alien for 2020.  With your spouse as a non-resident alien, you have two tax options.

 

1. You file as “married filing separately.“ List only your own income, deductions, and credits. You will need to give the name of your spouse. Leave the spouse’s SSN blank, print your return, and write “NRA“ in the space for her SSN, then sign and mail your return to the IRS.


If your spouse has US-sourced income while she is a non-resident alien, she must file her own separate tax return form 1040-NR, which is not supported by TurboTax,and which only includes her US-sourced income.  If she is a non-resident alien and does not have US-sourced income, she files no US tax return.

 

2. You can file as “married filing jointly“ if you make an election to treat your wife as a US resident for tax purposes. This means that you must include all her worldwide income and pay US tax on it.  You will get a deduction or tax credit if she also pays foreign income tax on the same income, and this may offset the effect of US taxation. Married filing jointly has lower income tax rates and better deductions then separate filing. However, whether it is better for you to file jointly and make the election to treat your spouse as a resident, or to file separately, is something that only you can tell by doing test returns both ways.

 

If you make the election to file jointly, then you will print your return and file by mail. You will also print a form W-7 application for an ITIN, international tax ID number. Mail the W-7, any documents or proof that is required for the W-7 and your tax return, all to the address where the IRS processes W-7 applications. After the IRS issues the ITIN, they will forward the tax return for processing. You can’t apply for the ITIN separately or before you file your joint tax return.

 

If your spouse arrives on US soil before December 31, 2020, then she is a US resident beginning on that date, and she is a dual status alien for the year.  If she has no US income, or her only US income is paid after she arrives on US soil and becomes a resident, then you can file a return as married filing jointly and report her US income along with your income.  You would file and apply for the ITIN in the same way as before.

 

If your wife has foreign income while she is not a US resident, and you do not make the election to treat her as a US resident for the whole year, but she then becomes a US resident before December 31, 2020, then you will need to see a professional this year. This situation is not covered in TurboTax.

 

 

The situation with your child is much simpler.

If your child does not become a US resident before December 31, 2020, then you cannot claim your child as a dependent on your tax return, regardless of whether you filed separately or jointly with your spouse. All dependents must be US residents or US citizens.

 

If your child becomes a US resident before December 31, and you file separately from your spouse, then you cannot claim your child as a dependent because the child did not live with you more than half the year.

 

If your child becomes a US resident before December 31, and you file a joint return with your spouse, then you can list your child as a dependent. Your child needs to apply for an ITIN the same as your spouse. Follow the same procedure described above, except that you will include 2 W-7 applications, one for your wife and one for your child.

Inquiring about adding my wife and my daughters as dependent but they are not in USA yet.

Thank alot.

Hal_Al
Level 15

Inquiring about adding my wife and my daughters as dependent but they are not in USA yet.

You don't say where your family lives.  The rules are different if they are residents of Mexico or Canada. 

Inquiring about adding my wife and my daughters as dependent but they are not in USA yet.

The only difference if his family lives in Canada or Mexico, is that he can claim his child as a dependent if he files a joint return with his wife, even if his child did not move to the US during 2020.

 

The taxpayer still can’t claim his child as a dependent if he files as married filing separately, because the child did not live with him for more than half the year.  And the rules about filing jointly with his wife only if his wife is a US resident or if he makes the election to treat his wife as a resident, and the rule about paying US tax for all his wife’s worldwide income if they file jointly, still apply.

Inquiring about adding my wife and my daughters as dependent but they are not in USA yet.

Hi,

They stay in the middle east.

 

regards

 

Inquiring about adding my wife and my daughters as dependent but they are not in USA yet.

Hi, 

what if  I make the election to treat my wife as a resident, and the rule about paying US tax for all her worldwide income. but, actually, she does not work there. So,  I will not report any income, so is it still valid to fill it as married and jointly filled ?

Inquiring about adding my wife and my daughters as dependent but they are not in USA yet.

If your wife has no income anywhere in the world that would be considered taxable in the United States, then it is probably to your advantage to make the election to treat her as a resident for tax purposes, since married filing jointly has lower tax rates and better deductions, and won’t add any taxable income to the joint return.  

 

if your wife has any income that would be taxable in the United States, whether it is from the US or from her home country (such as from selling investments, bank interest, or a job), then you may need to do some test calculations to determine whether it is to your advantage to file jointly in the US.

pk
Level 15
Level 15

Inquiring about adding my wife and my daughters as dependent but they are not in USA yet.

@thunderm2020 , having gone through your post and the comments thereto from @Opus 17  and @Hal_Al ,  I generally agree with all that has said.  However, I would like to point out that all of the above assumes that your spouse and your child each have a Tax ID  ( SSN or ITIN).  Since your spouse and child  do not have either  ( they have not entered the country yet ) and  not qualified  for SSN   ( on dependent visa ),  suggest that  you apply for ITIN for both of your relatives  forthwith --- this will allow  tax filing.  Please visit www.irs.gov and look for ITIN filing procedure  ( form W-7 and instructions thereof ) -- it can be done abroad.

By the way, which country are you from, and your wife ?  I ask because there may be treaty implications in this .

Inquiring about adding my wife and my daughters as dependent but they are not in USA yet.

In almost all cases, the IRS will not accept an application for an ITIN unless the person has a financial connection to the United States.  If the spouse is not a resident and does not receive US income, then the financial connection is created by the joint tax return. Therefore, the IRS will only accept an ITIN application if it is attached to a tax return and they will not process a separate early application.

 

There are a couple of exceptions under tax treaties, and you should review the instructions for the W-7 application very carefully before you mail any paperwork.

 

see this

https://www.irs.gov/individuals/international-taxpayers/taxpayer-identification-numbers-tin

Unlock tailored help options in your account.

message box icon

Get more help

Ask questions and learn more about your taxes and finances.

Post your Question