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d_swapnil · Jan 30, 2006, 09:59 AM

Hi,

I am on H1-B and my wife is on H4. My son is a US citizen who was born in 2004. My wife and kid were out of US for 11 and a half months visiting my country on a vacation. I have the following questions:
1. Can I still file with "Married Filling Jointly" status?
2. Can I still claim my child as a dependent to get the $1000 tax credit?

Thanks,
Swapnil.

AtlantaTaxExpert · Jan 30, 2006, 10:09 AM

Swapnil:

If you are on a H-1B and your wife is on a H4 visa, you may file as a resident alien, in which case you can file Married Filing Jointly and you can claim your child as a dependent.

Unless your income is exceptionally high, you also qualify for the Child Tax Credit for your son.

d_swapnil · Jan 30, 2006, 10:15 AM

Hi AtlantaTaxExpert,

Thanks for the quick response. I was only worried because I read on IRs site about the new tax law that, for a child to qualify as a dependent he must have stayed with you for more than 6 months. And since my wife and son were out of US for 11 and a half months in 2005, I was not sure about claiming my son as a dependent. Do you think I can still claim him as a dependent?

Thanks,
Swapnil.

AtlantaTaxExpert · Jan 30, 2006, 10:55 AM

Swapnil:

The six-month rule applies normally only if someone other than his parents attempt to claim the child as a dependent.

With whom did he stay during this 11.5 month period, and is that person attempting to claim him on their tax return?

d_swapnil · Jan 30, 2006, 11:54 AM

He was staying with my wife all the time. And no one else is going to claim him as a dependent.

Swapnil.

AtlantaTaxExpert · Jan 30, 2006, 03:23 PM

Swapnil:

Then do not worry about it. Claim him.

d_swapnil · Jan 30, 2006, 03:27 PM

Thanks ATE!

I really appreciate your prompt responses.

Swapnil.

AtlantaTaxExpert · Jan 30, 2006, 03:46 PM

Glad to help!