Hi, I came to usa in may 2011 on H1 visa, My Wife and son will be coming to USA on H4 visa in December last week 2011.

1. For the year 2011 can I claim my child as Dependent?
(I heard from others that I should wait for my son to complete 183 days in 2012 and then file returns.
Is this correct and if yes is It OK to file tax returns in July 2012 ?)

2. Can I file my tax returns jointly along with my wife for 2011? Or should I wait for her to complete 183 days in 2012?

3. Can my wife be treated as Dependent also ? (As she is not working)

If you file under First Year Choice, you and your wife can CHOOSE to be treated as resident aliens for all of 2011, which WOULD allow you to claim your child as a dependent. Since you arrived in May of 2011, you will have already met the 183-day Substantial Presence Test, so there is no requirement to delay your filing.

However, you WILL have to report ALL world-wide income earned from 1 January 2011. If you were taxed on such income by your home country, you can claim the Foreign Tax Credit by filing Form 1116,

Further, your wife and child will need to submit Form w-7 to apply for ITINs when you file the 2011 tax return.

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

Hi,

Thank you very much.

Soma

Soma:

Glad to help!

ATE