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Old 02-28-2013, 03:10 AM
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Join Date: Feb 2013
Location: Kandahar, Afghanistan currently
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Dependents

My wife and I married in Manila, PI Apr 27, 2012. We have 3 children, the eldest, 17, 1st year medical student, Baguio City, PI. My wife and I both work in Afghanistan as contractors. Currently we are in the Visa process for her and the children, everything so far has been approved and we are just waiting for their entry visa and green card.
Am I allowed to claim her and the three children on my 2012 taxes?



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Old 02-28-2013, 07:51 PM
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“Am I allowed to claim her and the three children on my 2012 taxes?”============>You can’t claim your spouse as your dependent on your US return; Spouses are not dependents of each other. You can claim your children on your return as your dependents as qualifying children since they(step children) must have the same residence as you for more than half of the year(ALSO as long as you provided over 50% of their support;support includes food, clothing, medical and dental care, entertainment, lodging, transportation or etc) and they are treated as US residents. ONLY US citizens/residents/US residents for tax purposes and citizens/residents of Canada/Mexico can qualify as dependents. So, on 1040 you can claim five exemptions you and your spouse and the three children on 1040 line 6d and 42.



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Old 02-28-2013, 10:20 PM
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Join Date: Feb 2013
Location: Kandahar, Afghanistan currently
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Thank you for the reply. Herein I believe may be the issue. My wife and three (step children) have not been to the US yet. We are still waiting for their Visas. All have been approved and once the Visas arrive, all will go to the US. We ARE using my US residence for all references, mail, Insurance(company), Visa, Finance, etc. Will them not having entered the US pose a problem? Lastly, and again I appreciate your assistance, What is your reference for the information sent. I have been in 100% support of my wife and children since 2010 and all have been on my company insurance plan since our marriage in April 2012.



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Old 02-28-2013, 11:05 PM
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“ Herein I believe may be the issue. My wife and three (step children) have not been to the US yet. We are still waiting for their Visas. All have been approved and once the Visas arrive, all will go to the US. We ARE using my US residence for all references, mail, Insurance(company), Visa, Finance, etc. Will them not having entered the US pose a problem?”========Your spouse, for even tax purposes, can become a legal resident since she marries a legal resident or a citizen of US, you regardless of her location; You and your spouse are treated, for income tax purposes, as residents for all tax years that the choice is in effect. I guess you can check your spouse’s immigration status wth the US embassy/INS for sure. To get an SSN for your spouse, I guess you may apply at a social security office or US consulate.
however, to file jointly she needs a SSN/ an ITIN. You can't file a return without an ITIN or SSN unless your spouse lives in the US. You, as a married person, can file your US return as MFJ/MFS;for MFJ return, both you and your spouse need to report both US source and world wide income. You can Use the latest revision of Form W-7 for her ITIN before she gets a SSN; Once she gets her SSn, she doesn’t need ITIN any longer.
General ITIN Information

“ Lastly, and again I appreciate your assistance, What is your reference for the information sent. I have been in 100% support of my wife and children since 2010 and all have been on my company insurance plan since our marriage in April 2012”=====You can visit the IRS Website here:



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