ITIN or Not Claiming Spouse

[percyhoward]

My family has lived in Mexico for the last 10 years. I'm a USC and my wife is a Mexican citizen. We've been in the US for a month, and I'll have to submit my tax returns from the last 3 years as part of my wife's AOS process. Our 3 kids are USC's and I'll claim them as dependents. In order to avoid the wait for my wife's ITIN, is it possible to NOT claim my wife as a dependent on these returns, without it affecting the proof of our marriage for her AOS?

We have been married for more than 10 years, and all 3 of the kids have consular reports of birth, listing mother and father's names.

Thanks for the help.

 

[nelsona]

As long as you file "married filing separately", and do not claim her as an exemption, you do not need an ITIN. You do need to indicate her name as your spouse.

Just as an aside, the spouse is never a "dependent". S/he can be an exemption however.

 

[percyhoward]

Thanks nelsona.