Can I claim nonresident dependents on my tax return while they're getting permanent residency?

So with the ITIN application, do I have to send original documents or can I send copies? And how long does it usually take to get the ITIN once I apply? Tax deadline is coming up pretty quick.

For ITIN applications, you generally need to submit original documents (like birth certificates) or certified copies from the issuing agency. I know that's nerve-wracking, but that's the standard requirement. However, there are alternatives - you can use an IRS-authorized Acceptance Agent who can verify your original documents and submit copies, so you don't have to send your originals to the IRS. Processing time for ITINs is typically 7-11 weeks during tax season, which can be cutting it close. If you're concerned about the deadline, you can file for an extension with Form 4868, which gives you until October to file your actual return. You'd still need to estimate and pay any taxes owed by the regular April deadline though.

Does it handle mixed-status family situations well? My wife got her green card last year but our kids are still on visas with ITINs. Most tax software gets confused about this.

I'm skeptical about these AI tax tools. How does it handle the foreign earned income exclusion if part of your family was overseas during the tax year? That's where my preparer always struggles.

It actually specializes in mixed-status families! You can upload everyone's documentation (green card, visas, ITINs) and it correctly determines each person's filing status and eligibility for various credits. In my case, it correctly identified that my spouse with a green card qualified for different tax treatments than my child with just an ITIN. For foreign earned income exclusion situations, it handles these really well. You can specify which family members were overseas, for how long, and it applies the correct tests (physical presence or bona fide residence). It even catches things like the different rules for military families under combat zone extensions, which most preparers miss. The system seems built to handle exactly these complex international scenarios.

Wait, how does this actually work? The IRS phone system is literally designed to be impenetrable. I don't understand how any service could get through when we can't.

Yeah right. Nothing gets through to the IRS these days. I've been trying for MONTHS to resolve my ITIN issue. If this actually worked, everyone would be using it. Sounds like another scam targeting desperate taxpayers.

The service uses technology to navigate through the IRS phone system and secures your place in line. Then when an agent is almost ready to take the call, you get a callback. It's not about "skipping the line" - you're still waiting your turn, but their system is doing the waiting for you instead of you having to stay on hold for hours. It works because their system can handle the hold times and navigate the complex phone tree options that most of us get frustrated with. The key difference is their system never gets tired or hangs up, and it knows exactly which options to select for your specific issue. I was skeptical too, but when I got that call from an actual IRS agent after trying for weeks on my own, I was honestly shocked.

The rules actually work in your favor here! Since your German stepchildren are living with you (a US service member) in Germany, they can still qualify as US residents for tax purposes under what's called the "abode" test. Because your abode (tax home) remains in the US while you're on military orders, your dependents who live with you can still meet the residency test. You'll still need ITINs for them, but you should absolutely be able to claim them as dependents if you provide over half their support and they meet the other dependent tests. Your tax preparer might be confused because this is a special rule that applies to military families - civilian rules are different. Make sure your preparer is familiar with military tax situations, as there are several special provisions that apply only to service members.

thanks for the explanation! makes sense now why my preparer was confused - he mostly deals with local german clients and american civilians. gonna find someone with more military experience for next year. appreciate the help!

This is important to know - there's a difference between credits. For the Child Tax Credit, your child needs an SSN to qualify for the full amount. With just an ITIN, they only qualify for the non-refundable portion (up to $1,500) called the Credit for Other Dependents, not the full Child Tax Credit. This is one of those annoying distinctions the IRS makes.