Hi,

I am married staying in U.S. from Sep 2007 as alone, My dependents(wife &kid) are staying back home in India, so can I claim them as dependents while filing tax returns or Not.


Thanks,
Anand,

What is your resident status in the U.S. Your visa?

I am holding H1B visa,even my spouse & kid has H4 visa

Anand:

If you are separated from your wife for the entire year of 2008, you can file as SINGLE on your U.S. tax return.

OR

You can file jointly with your wife and you both CHOSE to be treated as resident aliens. This will allow you to claim the $10,900 joint standard deduction plus two $3,500 personal exemption (for yourself and your wife).

The downside is that:

• You cannot claim your child if he has spent NO time in the U.S. in 2008.
.
• You must declare ALL 2008 world-wide income, but you can at least partially offset any double taxation by claiming a Foreign Tax Credit (Form 1116). This means your wife's income, if any, would have to be declared.

Even with the downside, this is probably the best way for you to file.