Can I claim my in laws visiting from China for over 183 days as dependents?

They are getting all their support from my wife and I. We are filing jointly.

They do not have and itin but are applying for (they have interest bearing US checking accounts) so they need.

While they are not US citizens the do meet the "substantial presence test" as defined by IRS Topic 851. And their income is under $3,650.

If your parents have met the Substantial Presence Test for 2010 AND you have provided more than HALF of their total support for 2010, then, yes, you CAN claim them as dependents.

You will need to list them as dependents on your joint return and submit Form W-7 for each of them. Note that each parent must sign his/her own W-7. Staple to each W-7 a notarized photocopy of their passport and visa picture page, then paper clip both W-7s to the tax return, mailing the Forms W-7 and the tax return to the ITIN Processing Center in Austin, Texas (complete address can be found in the Form W-7 instructions).

If you need professional help doing this, email me at [email protected].