US Citizen Married to Argentine and the IRS

[JHB1216]

My wife and I were married this year. I am thinking ahead to the end of the year and filing my federal income taxes. Of course she is not going to have a Social Security Number but I should be able to claim her on my income tax return right? Has anyone else been down this road? Thanks...

 

[danc]

Yes, you can claim here. Get a tax ID number for her until she gets her greencard and SSN.

 

[hannstew]

Try this link for info about her getting an ITIN #
http://www.irs.gov/individuals/article/0,,id=96287,00.html

 

[Fishface]

...in order for me to get my wifes green card & SSN - do I have to 're-residence' in the US or how do I prove my 'domicile' - if I have not held a property there for some years?

 

[JG]

Why don't you make an appointment to speak with someone at the U.S. Consulate? I would try to make sure that you talk with an American, there, not an Argentine.

 

[trishBA]

I am Argentine and married an American citizen 13 years ago -- things may have changed ever since. We got married in the US and we lived there. I had my 1st appointment at the IRS four months after we started the paperwork. We contracted an attorney. I was given my green card short after that.
If I stayed abroad (outside the US) for more than six months for a good reason I was able to keep my legal resident alien status. The point is, the "good reasons" are not listed or written anywhere.
As a matter of fact I stayed in Argentina for little less than a year after I got my green card. When I got back to the US, I was interview at the airport by three IRS officers. I was granted my legal resident alien status.
I'm not sure though if you can obtain the green card / residence while living abroad.
Best of luck!

 

[smaggi]

If the USC is residing in Argentina with the residencia precaria or la permanente, and has been present continuously in Argentina for 6 months you can file the family petition through the Embassy. We do it for many clients and have not had any problems. The thing is that it does not make sense to do it until you are within six months of moving back to the US because the first two years of being a resident requieres that the beneficiary not "abandon" this status by being physically present in the US for less than six months of each of the first two years as a resident, known as conditional residence.

Please give me a call if you need more assistance. We work with the US Embassy all the time in processing visas for Argentine residents and US Citizens and their relatives.

Steve Maggi, Esq.

[email protected]

4786 3504.