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

    Mar 3, 2009, 01:15 PM
    Do I qualify as a resident, what of my Children?
    According to the substantial presence test I should qualify as a resident for tax purposes since I came to the US in 2006 with my children. However I am told that internatinal students must wait 5 years before they qualify. Which of these is right? I really want to claim my children - I pay a substantial amount for daycare each month and I have always filed as a single non-resident alien. Can I now file as a resident and claim my children?
    amokwu's Avatar
    amokwu Posts: 3, Reputation: 1
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    #2

    Mar 3, 2009, 01:41 PM

    I forgot to add that I am on an F1 Visa.
    IntlTax's Avatar
    IntlTax Posts: 831, Reputation: 23
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    #3

    Mar 3, 2009, 03:06 PM

    You do not qualify as a resident alien. You must file as a nonresident alien until 2011 (unless you change your visa status before then).
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #4

    Mar 4, 2009, 02:57 AM

    On F1 you are exempt from residency for 5-years. You must file non-resident tax return Form 1040NR or 1040NR-EZ and Form 8843.

    Your income is not subject to FICA taxes but you must pay federal and state income taxes.
    Read: Your U.S. Tax Return: U.S. Tax Filing Requirements for Non-Residents
    amokwu's Avatar
    amokwu Posts: 3, Reputation: 1
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    #5

    Mar 4, 2009, 06:45 AM

    Thanks! I guess this means that I cannot file a joint return with my spouse and that we cannot claim our children..
    IntlTax's Avatar
    IntlTax Posts: 831, Reputation: 23
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    #6

    Mar 4, 2009, 06:47 AM

    Correct.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #7

    Apr 28, 2009, 10:49 AM
    If you are from Mexico, Canada, India or South Korea, you CAN claim your wife and children as dependents on Form 1040NR.
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