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ksh9256

Stepson legal resident?

By ksh9256 in Tax & Finances During US Immigration

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ksh9256 Contributor

ksh9256   21

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Hi Everyone,

 

Have an EITC question.

 

My fiancé and her son arrived here in April 2020. We were married in May.  They are still going through AOS and have neither their SSN or GC.

 

For taxes I had planned on married filing jointly assuming I get their SSN soon. Is there a way around this? doesn't look like I can get an ITIN.

 

However, not sure about her son (15) and what status the IRS considers him. Obviously not a citizen, but is he still considered a resident since they've been here more than 6 months last year? It looks like he is a qualifying child based on IRS questions.

 

Thanks!

 

Chris

 

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Boiler Grand Master

Boiler   45,516

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Filed: K-1 Visa Country: Wales
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Well history but she could have got an SSN but ITIN's now. IRS do not care about immigration status in the vast majority of circumstances,.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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JeanneAdil Grand Master

JeanneAdil   6,505

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Filed: Citizen (apr) Country: Morocco
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ITIN # is also for your wife 

 

You are in one of the following categories:

  • Nonresident alien who is required to file a U.S. tax return
  • U.S. resident alien who is (based on days present in the United States) filing a U.S. tax return
  • Dependent or spouse of a U.S. citizen/resident alien
  • Dependent or spouse of a nonresident alien visa holder
  • Nonresident alien claiming a tax treaty benefit
  • Nonresident alien student, professor or researcher filing a U.S. tax return or claiming an exception
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