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Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 28084
Experience:  Taxes, Immigration, Labor Relations
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My wife is a foreigner and does not have a social security

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My wife is a foreigner and does not have a social security number. How do I claim her as a dependent?

Lev :

Hi and welcome to our site!
You may NOT claim your spouse as a dependent - that is NOT allowed.

Lev :

However - you may choose to file a joint tax return - if you both agree. In this case - your spouse should apply for ITIN.

Customer:

How and when to apply for ITIN?

Lev :

Let me provide you information.. please stay with me.

Customer:

ok

Lev :

A joint return generally cannot be filed if either spouse is a nonresident alien at any time during the tax year. However, if one spouse was a nonresident alien or dual-status alien who was married to a U.S. citizen or resident alien at the end of the year, the spouses can choose to file a joint return. If you do file a joint return, you and your spouse are both treated as U.S. residents for the entire tax year.
See - IRS publication 519 page 10 - How To Make the Choice - http://www.irs.gov/pub/irs-pdf/p519.pdf
To Make the Choice - attach a statement, signed by both spouses, to your joint return for the first tax year for which the choice applies. It should contain the following information.


-A declaration that one spouse was a nonresident alien and the other spouse a U.S. citizen or resident alien on the last day of your tax year, and that you choose to be treated as U.S. residents for the entire tax year.


-The name, address, and identification number of each spouse.


To apply for a tax ID - use the Form W-7, Application for IRS Individual Taxpayer Identification Number to apply. Attach a valid federal income tax return, and include your original, notarized, or certified proof of identity documents.



Because you are filing your tax return as an attachment to your ITIN application, you should not mail your return to the address listed in the Form 1040, 1040A or 1040EZ instructions. Instead, send your return, Form W-7 and proof of identity documents to:


Internal Revenue Service Austin Service Center ITIN Operation P.O. Box 149342 Austin, TX
_78714_9342_
See more information here - http://www.irs.gov/individuals/article/0,,id=96287,00.html
Customer:

can u send this info to my email address please?

Lev :

Unfortunately because of privacy concern - experts including me do not have access to your personal information and your email.
Thus - sorry but I may not dent email outside this site.
You may however - save this information on your local computer or email it to yourself.
You may come back to this page later - and all information will be available for you.
Here is the address on this page - http://www.justanswer.com/tax/8299r-wife-foreigner-does-not-social-security.html

Lev and other Tax Specialists are ready to help you