Hi,

I am on H1 status and my husband is on H4. We filed our taxes jointly for last 2 years since we got married. We just had a baby last year in November and he is US citizen. How can I file my taxes with my husband and my son as my dependent? I am eligible for tax exemption for by baby? Can I get any exemptions?
My tax preparer suggested I file alone with my baby as my dependent and me as head of household? And my husband being on H4 is not suppose to file taxes. I am confused and need some advice as what to do?
Mini

1. Yous spouse is never your dependent. You can file joint return and claim the child as dependent.
2. You are not head of household. File joint return as residents. Read Your U.S. Tax Return: Filing Status for Married

Congratulations! I hope you are enjoying motherhood.

In addition to the fact that on your joint return you may now take 3 exemptions (You, spouse, baby) at $3,500 each, you are probably eligible to take the child tax credit (or, depending on your circumstances, the additional child tax credit)and deduct $1,000 from the tax you owe. Can't beat that, right?

Check out Publication 972 Publication 972 (2008), Child Tax Credit and Form 8812 http://www.irs.gov/pub/irs-pdf/f8812.pdf