If I am on H1B from Russia and have a 6 y.o. daughter with h4 visa, can I claim her as a dependent on 1040nr, in order to get deduction on my tax?

Thanks.

How long have you been in the U.S.?

We have been here for almoust 3 years, since we got an H1B visa (H4 for my daughter - dependent of H1B holder visa). My visa will allow me to work and live here in US for 3 more years. In last tax return I did not show her, and now I wonder if I made a mistake.

Vasey:

If you are here on a H-1qB visa, you are a resident alien and should filing Form 1040 or 1040A, NOT Form 1040NR. You CAN claim your daughter on the Form 1040 or 1040A.

If you failed to claim your daughter on 2002, 2003 or 2004 tax return, you should amend the retruns using Form 1040X. You must amend the 2002 tax return by 15 April 2006 or you will lose any refund. You haved plenty of time for 2003 and 2004.

Thank you. I did not get social security number for her yet, and I guess I am not going to make it before April 17. Does it mean I lost this part of refund? Can I claim it for next year? Or is there any other way I can put her on this paperwork?

Vasey:

File the amended return for 2002 immediately. Download Form W-7 and request an ITIN for your daughter to allow you to claim her for 2002. Send the W-7 (signed by you) with a notarized copy of her passport attached to the ameneded return. Do this immediately and get it mailed by 15 April 2006.

You can download the W-7 from www.irs.gov. Send the amendment to the address on the W-7.

Thank you very much!