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NoTaxIdea
Apr 12, 2007, 07:10 AM
My income is exempted from tax (no need to file returns) and my spouse (got work authorization from my employer) must file 1040 NR. We both are from India and have a US citizen child of age 3 years. I have couple of questions.
1) Can my spouse claim child as a dependent?
2) Is it single filing with married status?

Thanks in advance
NoTaxIdea

AtlantaTaxExpert
Apr 19, 2007, 02:48 PM
If your spouse is F-1 or J-1, then he/she can claim the child and you as dependents. If not J-1 or F-1, then he/she cannot claim you or yor child.

He/she must file as a married non-resident alien.