Have a wife, child and ex-wife overseas

[ZeeEgyUS 1]

Hi everyone 

I'm a US citizen and have been for 6 years. I have a child born December 2019 from my exwife(not a US citizen or PR). I was on family medical leave from work the first months of this year, so I haven't filed my 2021 tax return yet. 

 

I have my wife's passport(not US citizen or PR) and declaration for w7 signed by both of us, where should I go to file for her ITIN? 

 

I also need to find a way to claim my son(he's eligible to be a US citizen but couldn't get to do his CBRA due to my ex not willing to go to the US consulate with me) or have tax credit because I haven't been able to do so since I couldn't do it previous years knowing that he lives with his mother overseas. 

Thank you 

[Timona 4,207]

I don't think you can do ITIN for her since she doesn't wanna migrate nor is she an intending immigrant.

 

For CBRA, all you need is send documents to embassy and then follow their guidelines..

[Wuozopo 4,293]

7 hours ago, ZeeEgyUS said:

have my wife's passport(not US citizen or PR) and declaration for w7 signed by both of us, where should I go to file for her ITIN? 

Do you have the actual passport with you in the US, not a photocopy?  If so, you mail everything  to Austin, TX for processing. Included should be:

• the joint tax return (signed by both)
• a statement electing for her to be treated as a resident alien for tax purposes (signed by both)
• W7 application for ITIN (signed by her)
• Her actual passport for identification

The address and other information are on this IRS web page  https://www.irs.gov/individuals/how-do-i-apply-for-an-itin

Option 1 on that page is your only choice if she is not in the US to go in person for Option 2 and 3.

 

if you are abroad with your wife, you have to find an acceptance agent who can certify her passport. She must be present.

Edited June 10, 2022 by Wuozopo

[ZeeEgyUS 1]

1 hour ago, Timona said:

I don't think you can do ITIN for her since she doesn't wanna migrate nor is she an intending immigrant.

 

She's finishing up her professional degree. I have started her CR1 for her. 

Thank you 

[ZeeEgyUS 1]

26 minutes ago, Wuozopo said:

Do you have the actual passport with you in the US, not a photocopy?  If so, you mail everything  to Austin, TX for processing. Included should be:

• the joint tax return (signed by both)
• a statement electing for her to be treated as a resident alien for tax purposes (signed by both)
• W7 application for ITIN (signed by her)
• Her actual passport for identification

The address and other information are on this IRS web page  https://www.irs.gov/individuals/how-do-i-apply-for-an-itin

Option 1 on that page is your only choice if she is not in the US to go in person for Option 2 and 3.

 

if you are abroad with your wife, you have to find an acceptance agent who can certify her passport. She must be present.

Seems like option 1 is my go-to. 

What about my child? 

I was under the impression my ex has to be present physically at the consulate to do the CBRA? 

 

Thank you 

[Wuozopo 4,293]

34 minutes ago, ZeeEgyUS said:

What about my child? 

I was under the impression my ex has to be present physically at the consulate to do the CBRA? 

Read the details on multiple pages here https://eg.usembassy.gov/u-s-citizen-services/child-family-matters/birth/

there are ways listed for only one parent to attend the interview. You will need written consent from the other parent. 

 

For tax purposes, what will you gain by having a citizen child with no SSN and has not lived with you more than half the year?  We don’t have dependent children so I am not that knowledgeable on dependents is why I ask what it will do for your tax return?

Edited June 10, 2022 by Wuozopo

[JeanneAdil 6,542]

He can not do the ITIN as she is no longer his wife and is not resident of US 

there is no way to claim her on tax returns

[Wuozopo 4,293]

13 minutes ago, JeanneAdil said:

He can not do the ITIN as she is no longer his wife and is not resident of US 

there is no way to claim her on tax returns

He has a current wife needing an ITIN.

He has an ex-wife who is the mother of his 2 1/2 year old child who was born abroad and has no CRBA.

Edited June 10, 2022 by Wuozopo