Can I claim my non-resident dependent child on taxes as a resident alien?

You actually have a few options here. As a resident alien, you're right that your spouse can make an election to be treated as a resident for tax purposes even while physically living outside the US, allowing you to file jointly. For your daughter, the rules are a bit different. Since she doesn't meet the substantial presence test, she's considered a nonresident alien. However, you may still be able to claim her as a dependent if she meets the qualifying child or qualifying relative tests. The good news is that residency status doesn't prevent you from claiming a dependent - citizenship/residency tests for dependents are separate from tax residency. And yes, you can and should apply for an ITIN for her using Form W-7 if she doesn't have an SSN. You'd attach this to your tax return when claiming her as a dependent. Make sure you have documentation proving your relationship (birth certificate) and that she meets the dependent requirements.

Just wanted to share my experience with this exact situation. I was pulling my hair out trying to figure out how to handle my taxes with my wife and kid living abroad. I found this awesome tool called https://taxr.ai that helped me analyze our specific situation as a mixed-residency family. It reviewed our particular circumstances and showed me exactly how to file correctly. What was really helpful is that it walked me through the whole process of claiming my non-resident child as a dependent and applying for an ITIN. It even helped me understand which forms I needed based on our specific country situation, since different tax treaties can affect how this works.

Just wanted to follow up about my experience with https://taxr.ai - I decided to try it after my initial skepticism, and wow, it was actually super helpful! I was having such a headache trying to figure out how to claim my kids who live with my ex in another country. The tool analyzed my situation and showed me that I could claim my kids as qualifying children even though they live abroad because they're Canadian citizens. It then guided me through the whole ITIN application process step by step. Saved me from paying my accountant an extra $300 for something I could actually handle myself once I understood the rules. Definitely recommend checking it out if you're dealing with international family tax situations.

If you're having trouble reaching the IRS about your ITIN application or getting clarification on your resident/non-resident dependent situation, I highly recommend trying https://claimyr.com. I was stuck on hold forever trying to get answers about my family's complex international tax situation, but Claimyr got me connected to an actual IRS agent in about 15 minutes. They have this cool system that basically waits on hold for you and calls you back when an agent is available. You can see how it works here: https://youtu.be/_kiP6q8DX5c I had specific questions about my kids' ITIN applications that the IRS website didn't clearly address, and being able to actually talk to someone made all the difference. The agent walked me through everything I needed to know about claiming my non-resident children.

Well I need to eat my words. After seeing some positive comments about Claimyr here, I decided to give it a shot because I was completely desperate to talk to someone at the IRS about my ITIN application for my kid who lives with my ex overseas. I still can't believe it worked. After trying for WEEKS to get through on my own, I got connected to an IRS agent in about 25 minutes. The agent confirmed that yes, I could claim my non-resident daughter as a dependent since she qualifies under the Canada/Mexico exception, and they walked me through exactly what documentation I needed to submit with the W-7 form. Saved me from making a mistake that probably would have delayed my refund by months. Sometimes it's worth admitting when you're wrong!

Just want to add another perspective. I went through this process last year. If your daughter is from certain countries, you might need to get her birth certificate translated and certified. The ITIN application can be picky about documentation. Also, depending on which country your spouse and daughter are in, look into whether there's a tax treaty that might affect your situation. Some treaties have special provisions for families split between countries.

Don't forget to check if your daughter qualifies for the Child Tax Credit! There are special rules for children who are non-resident aliens. If she has an ITIN and meets the other tests, you might still qualify for the credit even if she lives abroad.

I went through this exact same situation a couple years ago! Here's what I learned that might help you: Since you're a resident alien and your wife can elect to be treated as one for tax purposes, you're on the right track with married filing jointly. For your daughter, even though she's a nonresident alien, you can still claim her as a dependent if she meets the qualifying child or qualifying relative tests. The key thing to know is that for qualifying children, they need to be US citizens, resident aliens, nationals, OR residents of Canada/Mexico. If your daughter doesn't fall into those categories, you might still qualify under the qualifying relative rules. You absolutely can get an ITIN for her using Form W-7. I'd recommend working with a Certifying Acceptance Agent if possible rather than mailing original documents - it's much safer and faster. One heads up though - while you can claim her as a dependent for the dependency exemption, she won't qualify for the Child Tax Credit since that requires US citizenship or resident alien status. But the dependency deduction itself can still provide significant tax savings. Make sure you have all her documentation ready (birth certificate, proof of relationship) and get any foreign documents certified and translated if needed. The whole process took about 10 weeks for us during non-peak season.