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Tax return question-Child excemption

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I have a son, born abroad three month ago before the turn on 2011. He is a USC through me by birth but we havent completed a Consular Report of Birth Abroad (CRBA)so he has not received a SSN as of yet. My question is would it be possible to claim him on my taxes by requestin an ITIN and earn tax excemptions from him. I'd appreciate your input.


USCSI JOURNEY

2010-09-14 I-130 Sent

2010-09-22 I-130 NOA1

2011-01-04 I-130 NOA 2 (Approved-Email and Text received)

NVC JOURNEY

2011-01-10 NVC Received

2011-01-11 Received DS-3032 / I-864 Bill

2011-01-11 Pay I-864 Bill

2011-01-11 Receive I-864 Package

2011-01-13 Return Completed I-864

2011-01-13 Return Completed DS-3032

2011-01-19 Receive IV Bill

2011-01-20 Pay IV Bill

2011-01-25 Receive Instruction Package

2011-02-11 SIF

2011-02-15 Case Completed

2011-03-08 NVC left to the Local Embassy

2011-03-15 Consulate Received

2011-03-31 Medical Exam Appointment (STATUS: )

EMBASSY JOURNEY

2011-04-06 Interview date (STATUS: )

POE

2011-03-22 Intercontinental Airport Houston (IAH)

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I have a son, born abroad three month ago before the turn on 2011. He is a USC through me by birth but we havent completed a Consular Report of Birth Abroad (CRBA)so he has not received a SSN as of yet. My question is would it be possible to claim him on my taxes by requestin an ITIN and earn tax excemptions from him. I'd appreciate your input.

An ITIN can only be issued to persons not eligible for an SSN. Since you son is a USC, he is not eligible for an ITIN. Go ahead and submit the paperwork to get a CRBA for your son. I also assume you are married to his mother and that you support her and him?

George


11/15/10: I-130 package FEDEX'd to Chicago Lockbox

11/15/10: NSO Marriage and Birth Certificates available for pick-up at NSO

11/17/10: Receipt Date of I-130 petition at Chicago Lockbox

11/19/10: NSO Marriage Cert and Birth Cert (4x each) received by Gina in Philippines

11/19/10: CRBA package couriered to US Embassy in Manila

11/22/10: CRBA package/application including NSO BC & MC received by embassy

11/22/10: NOA1 Date

11/24/10: Electronic notification of receipt received from Chicago Lockbox

11/24/10: Embassy scheduled CRBA appointment for 12/21/2010

11/26/20: Check cashed

11/27/10: NOA1 Hardcopy received via USPS

12/21/10: Interview/Personal appearance at Manila Embassy for CRBA **approved**

01/03/11: CRBA and US Passport for daughter received by Gina via FEDEX

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An ITIN can only be issued to persons not eligible for an SSN. Since you son is a USC, he is not eligible for an ITIN. Go ahead and submit the paperwork to get a CRBA for your son. I also assume you are married to his mother and that you support her and him?

George

Yes, you are correct! we are a married couple and am working deligently to get both of them here. So would that means that also my wife would not be eligible for an ITIN for tax purposes? since she will qualify for a SSN in the near future after she obtaining her CR1 viza?


USCSI JOURNEY

2010-09-14 I-130 Sent

2010-09-22 I-130 NOA1

2011-01-04 I-130 NOA 2 (Approved-Email and Text received)

NVC JOURNEY

2011-01-10 NVC Received

2011-01-11 Received DS-3032 / I-864 Bill

2011-01-11 Pay I-864 Bill

2011-01-11 Receive I-864 Package

2011-01-13 Return Completed I-864

2011-01-13 Return Completed DS-3032

2011-01-19 Receive IV Bill

2011-01-20 Pay IV Bill

2011-01-25 Receive Instruction Package

2011-02-11 SIF

2011-02-15 Case Completed

2011-03-08 NVC left to the Local Embassy

2011-03-15 Consulate Received

2011-03-31 Medical Exam Appointment (STATUS: )

EMBASSY JOURNEY

2011-04-06 Interview date (STATUS: )

POE

2011-03-22 Intercontinental Airport Houston (IAH)

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Yes, you are correct! we are a married couple and am working deligently to get both of them here. So would that means that also my wife would not be eligible for an ITIN for tax purposes? since she will qualify for a SSN in the near future after she obtaining her CR1 viza?

At this point your wife should be eligible for an ITIN.. getting one while she is overseas is the trick. Call IRS service center. You can always file and amend your return later with the child, or both for that matter.

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Yes, you are correct! we are a married couple and am working deligently to get both of them here. So would that means that also my wife would not be eligible for an ITIN for tax purposes? since she will qualify for a SSN in the near future after she obtaining her CR1 viza?

I'm basically going through the same thing you are right now. Your wife will need an ITIN, since as of right now she is NOT eligible for an ITIN. You will file an IRS form W7(signed by your wife) with your joint tax return. Read the instructions for the W7 for the identification requirements for your wife. My wife will be sending me a certified copy (certified by the issuing agency) of her Philippine passport passport for that purpose. US Embassies/Consulates will not certify/notarize foreign documents. The other thing I could have done (at least on other person on VJ has done it successfully) is have my wife send me her actual passport. I could make a color copy of it here and then have if notarized by a local (US) notary public, who would certify that the copy contains identical information to the original. If you wife's country is a signatory to the Hague Conventions, you could also have it notarized/certified there, but I'm not familiar with that process. You will also want to read IRS publication 519, pages 10 and 26 for more information on joint filing with a foreign, non-resident spouse.

Good luck.

George


11/15/10: I-130 package FEDEX'd to Chicago Lockbox

11/15/10: NSO Marriage and Birth Certificates available for pick-up at NSO

11/17/10: Receipt Date of I-130 petition at Chicago Lockbox

11/19/10: NSO Marriage Cert and Birth Cert (4x each) received by Gina in Philippines

11/19/10: CRBA package couriered to US Embassy in Manila

11/22/10: CRBA package/application including NSO BC & MC received by embassy

11/22/10: NOA1 Date

11/24/10: Electronic notification of receipt received from Chicago Lockbox

11/24/10: Embassy scheduled CRBA appointment for 12/21/2010

11/26/20: Check cashed

11/27/10: NOA1 Hardcopy received via USPS

12/21/10: Interview/Personal appearance at Manila Embassy for CRBA **approved**

01/03/11: CRBA and US Passport for daughter received by Gina via FEDEX

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I'm basically going through the same thing you are right now. Your wife will need an ITIN, since as of right now she is NOT eligible for an ITIN. You will file an IRS form W7(signed by your wife) with your joint tax return. Read the instructions for the W7 for the identification requirements for your wife. My wife will be sending me a certified copy (certified by the issuing agency) of her Philippine passport passport for that purpose. US Embassies/Consulates will not certify/notarize foreign documents. The other thing I could have done (at least on other person on VJ has done it successfully) is have my wife send me her actual passport. I could make a color copy of it here and then have if notarized by a local (US) notary public, who would certify that the copy contains identical information to the original. If you wife's country is a signatory to the Hague Conventions, you could also have it notarized/certified there, but I'm not familiar with that process. You will also want to read IRS publication 519, pages 10 and 26 for more information on joint filing with a foreign, non-resident spouse.

Good luck.

George

Thanks George and Sergi9 for your inputs. I guess the process is not as easy as i thought. I'll give it a shot. If won't work out then will just wait until they get here. Hopefully it won't be very long from now since our I-130 just got approved.


USCSI JOURNEY

2010-09-14 I-130 Sent

2010-09-22 I-130 NOA1

2011-01-04 I-130 NOA 2 (Approved-Email and Text received)

NVC JOURNEY

2011-01-10 NVC Received

2011-01-11 Received DS-3032 / I-864 Bill

2011-01-11 Pay I-864 Bill

2011-01-11 Receive I-864 Package

2011-01-13 Return Completed I-864

2011-01-13 Return Completed DS-3032

2011-01-19 Receive IV Bill

2011-01-20 Pay IV Bill

2011-01-25 Receive Instruction Package

2011-02-11 SIF

2011-02-15 Case Completed

2011-03-08 NVC left to the Local Embassy

2011-03-15 Consulate Received

2011-03-31 Medical Exam Appointment (STATUS: )

EMBASSY JOURNEY

2011-04-06 Interview date (STATUS: )

POE

2011-03-22 Intercontinental Airport Houston (IAH)

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