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    rajiv_desi's Avatar
    rajiv_desi Posts: 3, Reputation: 1
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    #1

    Mar 2, 2006, 12:56 AM
    Resident or non-resident alien child?
    Hi all,
    I have a peculiar problem that is unanswered after 3 days of searching online. I am a resident alien in the US, and my wife and son joined me on a dependent H-4 visa on November 19,2005. My son was born earlier on in the year outside the country. So, my question is, can my baby qualify as a dependent. On the forms help, it asks if the qualifying child was a citizen,national or resident - if I can answer yes to the resident part of it, I can claim child tax credit. But he obviously does not meet the 183 day substantial presence test. He does meet the 31day calendar year rule. Can someone please help ?
    Thanks.
    Rajiv
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Mar 2, 2006, 09:40 AM
    Rajiv:

    You may claim your wife's exemption by filing jointly with her on the tax return. This will also allow you to double the standard deduction from $5,000 to $10,000.

    However, you cannot claim your child's dependency exemption. He does not meet the residency test, which requires he live with for more than half of the year in the United States!

    Sorry!
    rajiv_desi's Avatar
    rajiv_desi Posts: 3, Reputation: 1
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    #3

    Mar 2, 2006, 09:54 AM
    Thanks AtlantaTaxExpert. Even if my son was not living with me, my wages were going towards his expenses. Is there any way that could be accounted for anything ? Secondly, the residency test on turbo tax/1040 help says... at least 31 consecutive days this year AND 183 days in the past 3 years(with a weightage of 1/3*number of days last year and 1/6th number of days 2 years ago). But this would obviously never work for a baby less than a year old and born in the second half of the year. Does it mean there are no credits for a child born in the second half of the year ?
    Thanks a lot for your responses - I have been able to use your advice on this forum a lot!
    Rajiv
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #4

    Mar 2, 2006, 10:01 AM
    When was your child born?
    rajiv_desi's Avatar
    rajiv_desi Posts: 3, Reputation: 1
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    #5

    Mar 2, 2006, 10:06 AM
    He was born Jan 26,05. Him and his mother's medical reasons and visa problems were the reason they were able not able to join me until November.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #6

    Mar 2, 2006, 08:43 PM
    Sorry, you cannot claim him.

    I know it is not fair, but no one ever said the U.S. income tax is fair.

    You will be able to claim him in 2006.
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