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Marie

Mexican worker

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Worker has a us visa, and a social security carn valid for work only with DHS authorization.

He has a wife and child, who both have itins, but live in Mexico.  He lives in the united states and has for at least 3 years.

Do I file them joint? with child as dependent?  does child only get the $500 credit for a dependent since the child doesn't live in the US?

Any other things I sh ould ask?

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The problem is that there is no clear answer for this situation.

A US citizen whose wife is living in another country can file jointly provided they sent a letter to the IRS stating that they both are willing to treat the non-resident as resident for tax purposes and they report their global income. 

Yes, he can claim his child in Mexico if he provided more than 50% of his support. The credit is only $500 since the child didn't live with him for more than 6 months in the US. Keep in mind that the child will not qualify for the $2,000 even if in the US but not living with the father and ALSO ITIN dependents are limited to $500 benefit.

Keep in mind that your client will get $1,200 stimulus if he doesn't file with his ITIN wife.

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1 hour ago, Marie said:

so should he married filing separate?

 

That will be the most conservative way of filing and the one that will not be challenged by the IRS.  On the other hand, your client would benefit better if he files jointly because most wives don't work.

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File married filing jointly & include W7 for his wife & kids & in 1040 dependent info clearly indicate kids are not present in US & go from there. You would have to get 1040 signed from his wife & W7. W7 for kids can be signed by taxpayer. You might have to enclose certified copy of some identification documents like passport, etc. I don't know in these circumstances how will they be able to manage to get it from home country.

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IF i FILE HIM MFS, CAN I STILL PUT THE CHILD AS A DEPENDENT AND CLAIM THE $500 TAX CREDIT?

 

SORRY ABOUT THE TITLE

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On 4/13/2020 at 10:07 PM, Pacun said:

Yes, he can claim his child in Mexico if he provided more than 50% of his support.

 

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