Claiming dependents?

[Brassballs 47]

Background:

Married my wife in May 2014. Filed I-130 paperwork for CR-1 visa, for her and her daughter, in June 2014. Have serious doubts of her entering the States this year, but one can hope.

My question: Can I claim her and her daughter on 2014 tax return even though she will not yet have a SSAN?

Jim

Edited July 3, 2014 by Brassballs

[NikLR 13,227]

~~moved to taxes and immigration from IR1/CR1 as question is about taxes not the immigration process~~

You must file as married. You can file as married jointly if you send a W7 with your 2014 tax return if your wife is not here yet and doesn't have an SSN. I'm unsure if you can claim your step-daughter, but someone in this forum may have that answer for you.

[Sirliner 26]

Depends on if and when they enter the U.S. To claim your wife as an exemption, she must have a SSN. To claim her child as a dependent they must have lived with you for over 6 months and be adopted legally with a SSN or ITIN. Not to mention your wife has to pass Resident/Non-resident Green Card Test or Substantial Presence Test. See IRS publication 519 for complete info.

Edited July 3, 2014 by Sirliner

[novedsac 355]

Yes, review Publication 519, particularly page 9 where it discusses how you can treat a nonresident spouse as a resident for tax reporting purposes. You will need to file a W7 for social security number. If you complete the W7 and obtain the requisite statement outlined in Publication 519, you can file a joint return and take an exemption for your wife for the 2014 tax year even if she does not arrive in the US until 2015.

In order to claim a dependent, child or otherwise, they must have physically lived with you for over six months. Contrary to the above posting, you do not need to adopt the child in order for the child to qualify as your dependent. Child will need a SSN/ITIN as well. However, since it is now after June 30th, the child is not going to meet the 'greater than six month' rule and will not quality as a dependent for the 2014 tax year.

[aaron2020 11,651]

Depends on if and when they enter the U.S. To claim your wife as an exemption, she must have a SSN. To claim her child as a dependent they must have lived with you for over 6 months and be adopted legally with a SSN or ITIN. Not to mention your wife has to pass Resident/Non-resident Green Card Test or Substantial Presence Test. See IRS publication 519 for complete info.

Really, he had to adopt his stepdaughter to claim her?

Wouldn't it just be easier to file jointly with the mother and claim her child as a dependent?

[aaron2020 11,651]

Background:

Married my wife in May 2014. Filed I-130 paperwork for CR-1 visa, for her and her daughter, in June 2014. Have serious doubts of her entering the States this year, but one can hope.

My question: Can I claim her and her daughter on 2014 tax return even though she will not yet have a SSAN?

Jim

Hi,

You can not claim a spouse. You can file a joint return with her. She can claim her daughter.

They will need SSNs.

You can file as married filing separately for 2014. When try get here and get their SSNs, you can amend your tax return to file jointly.