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mordilion1
New Member

We moved 2016 to US. Hubby has L1 Visa and kids and me L2 Visa. Just hubby works. Kids have no social security. Are they legal residents ?

 
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Accepted Solutions
bine22
Level 7

We moved 2016 to US. Hubby has L1 Visa and kids and me L2 Visa. Just hubby works. Kids have no social security. Are they legal residents ?

Assuming you stayed in the US all year and meet the substantial presence test, you are all resident aliens. Turbotax does not list resident alien as an option, so you would choose legal resident, which is the same for tax purposes. In order to claim the children as dependents, you would need to apply for ITIN numbers (the same for you, if you are not eligible for an SSN). To apply for ITINs, you need to fill out form W7 for each person needing one and attach the required documentation: 

 https://www.irs.gov/pub/irs-pdf/fw7.pdf

Instructions:

 https://www.irs.gov/pub/irs-pdf/iw7.pdf

You would submit the W7 forms together with the tax return. Make sure to file on time (or even a month before the deadline), as you would not be eligible for the child tax credit without an ITIN at the time of the filing deadline (or the deadline for an extension, if you apply for an extension).

In order to use Turbotax to prepare the return itself, enter "dummy" number starting with a 9 for anyone without an ITIN/SSN. Print your return and white those numbers out and write "Applied for, see attached W7" over it.

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4 Replies
bine22
Level 7

We moved 2016 to US. Hubby has L1 Visa and kids and me L2 Visa. Just hubby works. Kids have no social security. Are they legal residents ?

when exactly did you all come to the US and for which tax year are you asking?
mordilion1
New Member

We moved 2016 to US. Hubby has L1 Visa and kids and me L2 Visa. Just hubby works. Kids have no social security. Are they legal residents ?

We came December 2016 and we ask for the whole year 2017. Thank you
bine22
Level 7

We moved 2016 to US. Hubby has L1 Visa and kids and me L2 Visa. Just hubby works. Kids have no social security. Are they legal residents ?

Assuming you stayed in the US all year and meet the substantial presence test, you are all resident aliens. Turbotax does not list resident alien as an option, so you would choose legal resident, which is the same for tax purposes. In order to claim the children as dependents, you would need to apply for ITIN numbers (the same for you, if you are not eligible for an SSN). To apply for ITINs, you need to fill out form W7 for each person needing one and attach the required documentation: 

 https://www.irs.gov/pub/irs-pdf/fw7.pdf

Instructions:

 https://www.irs.gov/pub/irs-pdf/iw7.pdf

You would submit the W7 forms together with the tax return. Make sure to file on time (or even a month before the deadline), as you would not be eligible for the child tax credit without an ITIN at the time of the filing deadline (or the deadline for an extension, if you apply for an extension).

In order to use Turbotax to prepare the return itself, enter "dummy" number starting with a 9 for anyone without an ITIN/SSN. Print your return and white those numbers out and write "Applied for, see attached W7" over it.

mordilion1
New Member

We moved 2016 to US. Hubby has L1 Visa and kids and me L2 Visa. Just hubby works. Kids have no social security. Are they legal residents ?

Thank you so much. This is definetly helpful !
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