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    Txcpa's Avatar
    Txcpa Posts: 1, Reputation: 1
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    #1

    Jan 31, 2013, 01:26 PM
    A US citizen married to a non resident
    A US citizen married to a non resident who want to file married filing joint to claim the child care credit - do they have to file this way all future years
    newacct's Avatar
    newacct Posts: 321, Reputation: 21
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    #2

    Jan 31, 2013, 01:54 PM
    You can elect to have a nonresident spouse treated as a resident. Either spouse can revoke the choice for a later year when they want to stop doing it.
    taxesforaliens's Avatar
    taxesforaliens Posts: 649, Reputation: 117
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    #3

    Jan 31, 2013, 01:58 PM
    However, you need to consider that you won't be allowed to make the election again after your revoke it.

    Read more details here:
    Publication 519 (2011), U.S. Tax Guide for Aliens
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #4

    Jan 31, 2013, 02:57 PM
    The election applies for as long as the wife has an ITIN.

    Once she gets her SSN, then you will be free to file joint or separate returns.
    newacct's Avatar
    newacct Posts: 321, Reputation: 21
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    #5

    Jan 31, 2013, 03:32 PM
    Quote Originally Posted by AtlantaTaxExpert View Post
    The election applies for as long as the wife has an ITIN.

    Once she gets her SSN, then you will be free to file joint or separate returns.
    Nonresident aliens can also have SSNs.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #6

    Jan 31, 2013, 06:38 PM
    Only if they are working.

    If they are dependents of the holders of working visas, they are normally INELIGIBLE for a SSN.
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