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View Full Version : Can an F-1 claim dependents on income tax?


armandoelizalde
Jan 12, 2010, 12:26 PM
Hi I'm married to a us citizen, currently still F-1 but legal residence papperwork has been sobmited, can I claim credit for a dependent besides my wife on my income tax? Will this geopardize my current process ?thanks

MukatA
Jan 13, 2010, 01:17 AM
You can file joint return as residents.

Or you can file nonresident tax return on F-1. On nonresident tax return, you can not claim dependent.

AtlantaTaxExpert
Jan 13, 2010, 12:24 PM
We REALLY need to know from which country he originated, because some non-residents CAN claim their spouses as dependents on the non-resident alien return.

armandoelizalde
Jan 19, 2010, 01:13 PM
I'm from mexico, now I'm sure I can claim dependents filling jointly with my american wife, but will this jeopardize my residenci process with DHS?

armandoelizalde
Jan 19, 2010, 01:16 PM
You can file joint return as residents.

Or you can file nonresident tax return on F-1. On nonresident tax return, you can not claim dependent.

OK, but if I file jointly as resident will it make more dificult to fix my residence process? Since I'm getting a credit for my dependent

AtlantaTaxExpert
Jan 19, 2010, 01:51 PM
Filing jointly with your American wife will in no way jeopardize your standing with the Department of Homeland Security.

Such a filing is legally permitted under the IRS regulations.