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June 1, 2019
Question

My Wife and Child is in H4 visa and don't have the SSN , How to apply the tax return for them added as dependent , I am in USA from Sep 2016 with family

  • June 1, 2019
  • 3 replies
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3 replies

PopeyeTheSalior
Employee
June 1, 2019
What is your visa status ?  Is this the first time you enter United States on Sep 2016 ?
June 1, 2019
Yes , this is the first time we entered into the USA.
PopeyeTheSalior
Employee
June 1, 2019

You will have two options.  

The most simple way is you are considered as a nonresident for the tax year of 2016.  As a nonresident taxpayer, you will have to file Form 1040NR or 1040NR-EZ : U.S. Nonresident Alien Income Tax Return, as Married Filing Separately with your spouse.  However, TurboTax has never supported Form 1040NR and we have a partnership with Sprintax who offers filing solution to our TurboTax customers.  See Visit the TurboTax/Sprintax site.

The other option, is you could choose to file as a resident with Married Filing Joint with your spouse on the regular form 1040s, but the procedures are lot more complex.  According to IRS, if you are going to meet the Substantial Presence Test in the year of 2017, you would qualify to file as a dual resident  in the year of 2016 by meeting rules of FirstYearChoice and therefore possibly filing Marred Filing Joint with your spouse by making a election, see Resident.  

Please also note that when you file as a nonresident on the form 1040NR, only U.S. nationals, residents of Canada, Mexico, South Korea and residents of India who were students or business apprentices may claim an exemption for a spouse or a dependent. See  https://www.irs.gov/pub/irs-pdf/i1040nr.pdf page 14 for reference. 

Last but not the least, Without the social security numbers, you would also need to apply for Individual Taxpayer Identification Number ITIN for your spouse and children for completing the return.