Child deductions as it relates to status

[Brian&Larissa 73]

I am currently working on my taxes. Going to submit "married filing jointly" as my wife does have her SSN# as we await her I-485 processing. Bios are done and now waiting for appointment. However, her 2 girls, my new step-daughters, don't have their SSN#'s. This I understand and don't have a problem with due to the process. However, going for the deduction a SSN# or ITIN# is required to claim this credit. I understand the process, but my question is:

Do they qualify as their mother's status, and theirs, is kind of up in the air? Are they LPR? Would it make sense to do the ITIN route?

Constructive comments please. Thanks to anyone/all the reply.

[Bjorn&lyne 20]

I found this on the IRS website. It appears you have a choice what to do in terms of filing jointly or not.

"Generally, you cannot file as married filing jointly if either spouse was a nonresident alien at any time during the tax year. However, nonresident aliens married to U.S. citizens or residents can choose to be treated as U.S. residents and file joint returns."

"If, at the end of your tax year, you are a U.S. citizen or a resident alien (even if you were NOT for the whole year) and married to a nonresident alien, you can choose to treat your nonresident spouse as a U.S. resident for U.S. Federal Individual Income Tax purposes."

http://www.irs.gov/Individuals/International-Taxpayers/Nonresident-Alien---Figuring-Your-Tax

http://www.irs.gov/Individuals/International-Taxpayers/Nonresident-Spouse-Treated-as-a-Resident

Edited February 2, 2015 by Bjorn&lyne

[aaron2020 11,651]

The kids qualifies as your wife's dependents since they are her minor children who lived with her for more than half of 2014.

To de deductions in the tax returns, they must have an SSN or ITIN.

In the old days, people would list their dogs as dependents. The law was changed to requires an SSN or ITIN to prevent this type of abuse.

[long_ 3]

I had a similar issue last year with my step son. We just filed our taxes (me and my wife) and once they received their green cards filed a 1040x to admen our taxes and added our son.

Edited February 2, 2015 by long_

[Brian&Larissa 73]

Thanks all! Appreciate the comments.