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-   -   L1 visa holder and L2 wife and kid filing tax return (https://www.askmehelpdesk.com/showthread.php?t=637790)

  • Feb 21, 2012, 09:37 AM
    wenming.wang
    L1 visa holder and L2 wife and kid filing tax return
    I arrived in Texas in Nov 15 2011 from a foreign country. I am working but my wife is not working. Kid is 2 years old. I have SSN but my wife and kid don't (no SSN no ITIN). I am planning to file Form 4868 for both my wife and me before April 17 2012 and then file Form 1040 in June with the filing status married jointly as resident, claiming my kid as dependent. My question is,

    1, can I do this (as I planned)?

    2, can I apply SSN for my wife and kid?

    3, if not, should I just send IRS two Form 4868 (for me and my wife) now and file Form 1040 (married jointly, choosing standard deduction (5800x2 3700x3), claiming kid as dependent, checking Child Tax Credit), First Choice Statement, attach my Form W2 and two Form W7 for my wife and kid for the ITIN numbers?

    4, if the moving expense is less than 5800x2 (the standard deduction), it is not necessary to claim moving expense, right?

    Thanks a lot!
  • Feb 24, 2012, 01:58 PM
    AtlantaTaxExpert
    1) Yes; the procedure is spelled out in IRS Pub 519.

    2) No; submit Form W-7 with tax return for ITINs for them.

    3) Model the return for the joint filing to determine if you owe money; do NOT forget that you must claim ALL world-wide income.

    4) Moving costs are an adjsutment to income, NOT an itemized deduction, so claim it using Form 3903.

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