Spouse and daughter overseas

Forum|Forum|1 year ago
June 1, 2024
1 reply
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Greetings,

I am a US citizen residing and working in the US. I married overseas in Feb 2022 and we have our daughter in Dec 2022. My wife and daughter lived overseas in 2022 and most of 2023 and moved to the US in Nov 2023. My daughter received her CRBA and US passport in May 2023 while living overseas. My wife was a nonresident alien and had no SSN or ITIN until she moved to the US legally as a spouse of a US citizen. My wife did not have any income in 2022 and 2023, I paid for 100% of their expenses. Both my wife and daughter received their SSN in Dec 2023.

The first question is can I file MFJ with my daughter as a dependent for the 2023 tax year.

The second question is can I amend my 2022 tax return from MFS to MFJ with my daughter as dependent or just as MFJ without a dependent.

I greatly appreciate your help.

Not A Product Question

Best answer by NCPERSON1

Yes and yes.

You were married as of Dec 31, 2022, so you have the option of filing MFJ or MFS. If you want to amend 2022 and change from MFS to MFJ, you can do so.

You can claim your child in both years as a dependent. She lived with "you" in 2022, even though the "you" is your spouse in this case, but since filing MFJ, it doesn't matter that she lived only with your spouse and not you.

NCPERSON1Answer

Yes and yes.

You were married as of Dec 31, 2022, so you have the option of filing MFJ or MFS. If you want to amend 2022 and change from MFS to MFJ, you can do so.

KAT1977Author

Thank you for your quick response. My worry was that the SSN for both of them were provided in 2023 and I am using the SSN in 2022 to change the filing status and claim a dependent.