Hello,

Thank you for your time in advance.

I came to US on L1 in March 2008 and then converted to H1 from Oct 2008. I am still in US. My wife and kids are in India and never been to US in 2008. We came to US in 2006 and went back to India in 2007. My wife got EAD and SSN in 2006. Please let me know which filing status I need to choose for 2008 tax filing. We were blessed with twins in Sep 2008 and as they never been to US, I think I can not claim them as dependants.

Thank you

For 2008 you can file joint return as residents.

Can you claim your children as dependents? Only if they are considered resident of the U.S.

This is what IRS Publication 17 has: Children usually are citizens or residents of the country of their parents.
What does this mean? Your wife is resident of U.S. if you file joint return. So children are also resident of the U.S.
However, it appears many time IRS has taken a different view.
See what AtlantaTaxExpert has to say.

Unfortunately, the children are NOT U.S. citizens, which means that, to be claimed as dependents, they must spend at least SOME time in the U.S. in 2008.

Since they did not do so, you cannot claim them as dependents on your 2008 tax return.

Sorry!

Thank you so much for both of you. You are very fast and accurate in replying.

As per your guidelines, I am filing as "Married Jointly" and not filing any dependents.

Once again, thank you so much!

If you need professional help, contact AtlantaTaxExpert at [email protected]