Claiming alien spouse on taxes

[tz-us 0]

Hey guys what about if you have a newborn USC dependent, but born abroad and still living there (of course No SSN yet). Can he be claimed as dependent and qualify for tax excemptions. If so, i assume I would have to request ITIN for that purpose and inform IRS once I get him over here, right? I have a son and was born abroad before the turn on 2011. Him and his Mommy are still there waiting for this process to get over.

[sstrickland 4]

Well I found it. Hers begins with a zero (as does mine). This should be be slightly easy.

[ADAMandKAREN 15]

Hey guys what about if you have a newborn USC dependent, but born abroad and still living there (of course No SSN yet). Can he be claimed as dependent and qualify for tax excemptions. If so, i assume I would have to request ITIN for that purpose and inform IRS once I get him over here, right? I have a son and was born abroad before the turn on 2011. Him and his Mommy are still there waiting for this process to get over.

From http://www.irs.gov/publications/p54/ch05.html

Exemptions

You can claim an exemption for your nonresident alien spouse on your separate return, provided your spouse has no gross income for U.S. tax purposes and is not the dependent of another U.S. taxpayer.

You also can claim exemptions for individuals who qualify as your dependents. To be your dependent, the individual must be a U.S. citizen, U.S. national, U.S. resident alien, or a resident of Canada or Mexico for some part of the calendar year in which your tax year begins.

Children. Children usually are citizens or residents of the same country as their parents. If you were a U.S. citizen when your child was born, your child generally is a U.S. citizen. This is true even if the child's other parent is a nonresident alien, the child was born in a foreign country, and the child lives abroad with the other parent.

If you have a legally adopted child who is not a U.S. citizen, U.S. resident, or U.S. national, the child meets the citizen requirement if you are a U.S. citizen or U.S. national and the child lived with you as a member of your household all year.

Social security number. You must include on your return the social security number (SSN) of each dependent for whom you claim an exemption. To get a social security number for a dependent, apply at a Social Security office or U.S. consulate. You must provide original or certified copies of documents to verify the dependent's age, identity, and citizenship, and complete Form SS-5.

You do not need an SSN for a child who was born in 2010 and died in 2010. Attach a copy of the child's birth certificate to your tax return. Print “Died” in column (2) of line 6c of your Form 1040 or Form 1040A.

If your dependent is a nonresident alien who is not eligible to get a social security number, you must list the dependent's individual taxpayer identification number (ITIN) instead of an SSN. To apply for an ITIN, file Form W-7 with the IRS. It usually takes 6 to 10 weeks to get an ITIN. Enter your dependent's ITIN wherever an SSN is requested on your tax return.

You can claim the child, obtain an ITIN for the child.

[EmYeu 3]

When filling out for the W7 form does she need to sign the paper or can I sign it?

[rin and john 71]

When filling out for the W7 form does she need to sign the paper or can I sign it?

Rin signed hers when we filed them (twice). I was fortunate enough to be in Thailand the first time so didn't have to do it via the mail.

[sstrickland 4]

Hey guys, I have another potential obstacle and find you all to be very helpful.

My wife got her SS number in 2008 with her maiden name. We married in mid-2010, but she hasnt officially taken my last name as of now (I need to be present). We were planning on doing this when I visit her in a few weeks, however I've been thinking we may run into trouble. I plan on doing our taxes when I return in mid February, at which time she will have my last name. Im concerned that the IRS may question the tax return as she would, in this scenario, be using my last name even though they have her maiden name on file attached to her SS number.

We would prefer that she take my name when I visit her in a few weeks (various reasons, namely she can put me on her credit account thus giving us another piece of proof when it comes time to do the i130 petition which I intend to do immediately when I return). Would we be better off just putting the name-change off for now, for consistency?

As it stands now I think we might have enough evidence currently without the credit card in both names. As far as evidence, this is where we're at: I intend to put her on my employer provided life insurance policy (should soon I know), the tax transcript for the return I'm trying to complete now, documentation of 2 year history of frequent moneygram transfers back and forth, 1 year history of daily calls (I changed carriers and my old carrier wont give me this documentation!), extensive history of 'Rebtel' international calling service receipts, extensive compilation of receipts for phone cards I bought, many photos including when we met all the way up to our wedding and honeymoon

With what I've listed above, would the name change for that extra piece of evidence be "worth the hassle" of the potential headaches with IRS and/or USCIS? Aside from my passport showing 3 trips to Peru in the past few years we have nothing more. Thanks for your help (and patience)!