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parinjshah
Jan 26, 2008, 01:46 PM
Hi,

Question: Can H1B person take his brother(brother is on F1-student visa) as dependent?


Thanks.
AtlantaTaxExpert
Jan 27, 2008, 07:25 PM
Negative.

Since he is on a F-1 visa, he is NOT considered to be a citizen or resident of the U.S or a U.S. national, and THAT is a basic requirement to claiming ANYONE as a dependent on a U.S. tax return.
parinjshah
Feb 5, 2008, 07:31 AM
Then How can Person(H1B) claim his wife(H4)? H4 Visa person is also consider non-residence.

I have seen people claimed their relative who comes to visit them...
AtlantaTaxExpert
Feb 6, 2008, 12:18 PM
The wife is considered differently, because she is a CO-FILER, NOT a dependent.

As for the other relatives issue, they were NOT here under a visa (J-1 or F-1) that SPECIFICALLY designates them as being non-resident aliens.