Hi I am in the US on an R1 visa and my wife and kids have been here too for about 18 months, I have a SSN and am filing my taxes, however it will only allow me to file as single man, because my wife and kids don't have SSN (they are not eligible for one as they are here on an R2 visa). Is there anything I can do? I have been told if they were filed on my taxes I would get a better refund.

Is there away they can be added? If so how

Your question would be better answered on our Tax Board.

But if you're married as of December 31 of the year, you cannot file as Single under any circumstances. You must file as Married Filing Jointly or Married Filing Separately.

If you are filing jointly and/or claiming a dependent and they are not eligible for SSNs, they can get ITINs. W-7 is the form to apply for an ITIN, and it needs to be filed with the tax return.

You must submit form W-7 for your spouse and children to apply for Tax ID (ITIN).

Prepare your federal return with your status "head of household", and submit with W-7 forms. Mail to:
Internal Revenue Service
ITIN Operation
P.O. Box 149342
Austin, TX 78714-9342

Read instructions here: Instructions for Form W-7 (08/2013)

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Originally Posted by lawanwadee

Prepare your federal return with your status "head of household"

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One must be "considered unmarried" to file as Head of Household. The OP is married; he could only be "considered unmarried" if he were legally separated from his wife or lived apart from her for the last 6 months of the year.

I'm on an R1 visa too.

Apply for an ITIN for your wife using a w7 form, attach the form to your 1040nr (assuming you do not pass the substantial presence test ( http://www.form1040nr.com/residencystatus.php#substantial ), if you do pass the substantial presence test then you can file a 1040 or 1040ez). Make sure you mail the form to the w7 center, not the 1040 center!

Just make sure you follow the instructions to the letter. I actually did so last year, but they still not issue an ITIN since the IRS office I went to made a HUGE mistake (they even admitted to it!) in verifying our documents (they forgot to scan the I-94). 6 weeks later we were basically told "too bad, so sad, go home".

As a result we can't get my wife enrolled in the healthcare marketplace (since, I'm sure you found out too, you need a SSN/ITIN to enroll properly)... to say the overall process has been frustrating is an understatement.

They've recently changed the ITIN process, so I'm guessing that more mistakes will be made... pray that your process (and mine this time around please!) gets processed and an ITIN is issued.

Sorry to vent, but yeah, just make sure you fill out the paperwork and submit the proper documentation.

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Originally Posted by jayupark

I'm on an R1 visa too.

Apply for an ITIN for your wife using a w7 form, attach the form to your 1040nr (assuming you do not pass the substantial presence test ( US Tax Residency Status for Foreigners ), if you do pass the substantial presence test then you can file a 1040 or 1040ez). Make sure you mail the form to the w7 center, not the 1040 center!

Just make sure you follow the instructions to the letter. I actually did so last year, but they still not issue an ITIN since the IRS office I went to made a HUGE mistake (they even admitted to it!) in verifying our documents (they forgot to scan the I-94). 6 weeks later we were basically told "too bad, so sad, go home".

As a result we can't get my wife enrolled in the healthcare marketplace (since, I'm sure you found out too, you need a SSN/ITIN to enroll properly)... to say the overall process has been frustrating is an understatement.

They've recently changed the ITIN process, so I'm guessing that more mistakes will be made... pray that your process (and mine this time around please!) gets processed and an ITIN is issued.

Sorry to vent, but yeah, just make sure you fill out the paperwork and submit the proper documentation.

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