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View Full Version : Can H1B claim a person on student visa as dependent?


tamirmd
Mar 25, 2009, 11:31 AM
Hi ,

Have been residing in the US for almost 2 yrs now. My brother joined here for his studies last August . Now the question is can I claim him as my dependent ?

These were my answers to Turbo tax questions

1. Was my brother a full-time student during at least five calendar months of 2008 - Yes
2. Did my brother provide more than half of his own support in 2008 - No
3. Was my brother a member of your household for more than six months of 2008 - No
4. Did my brother receive income of $3,500 or more in 2008 - No
5. Did I provide more than half of my brother's total support in 2008? - Yes
6. Is my brother a qualifying child of someone else for 2008 - No
7. Was my brother married at any time during 2008 - No

According to which I can claim my brother as dependent. Just wanted to be sure before I proceed.

Please help me find an answer .

AtlantaTaxExpert
May 14, 2009, 02:17 PM
Your brother is a student on a F-1 visa and therefore, by definition, is a non-resident alien.

Non-resident aliens CANNOT be dependents.

IntlTax
Jun 12, 2009, 01:37 PM
Agreed. He is not a resident of the U.S. Canada, Mexico, Japan, or Korea. Thus, he cannot be a dependent.