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    keyani2k1's Avatar
    keyani2k1 Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Dec 22, 2009, 08:33 AM
    How to Claim for H4 Dependent when they were out of US more than 6 months
    I am working in US from Jan 2009, but my family (wife and two kids) joined back to me recently (Sep 2009). My wife and first kid have their ITIN (last year we filed).

    Since they were in my home countly more than 6 months, Am I eligible for..

    a. Married file jointly
    b. claim both my child's as a dependent

    Thanks
    Chella T
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Dec 22, 2009, 12:01 PM
    a) Yes; your wife's physical location is irrelevant. You can file jointly with her even if she remained in her home country the entire year.

    b) Yes, assuming you and/or your wife provided the required amount of financial support and each child spent at least part of the year inside the borders of the United States.
    keyani2k1's Avatar
    keyani2k1 Posts: 2, Reputation: 1
    New Member
    		  
    #3

    Dec 22, 2009, 02:39 PM

    Thanks a lot for your quick response.

    Based on your response, I understand that IRS treates my KIDs and Wife as resident aliens. So, I can claim them as a dependent and Head of Household to get standard deductions?

    Thanks
    Chella T
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #4

    Dec 23, 2009, 07:43 AM
    Chella:

    You are NOT Head of Household.

    You will file Married Filing Jointly with your wife; she is NOT your dependent, but rather your co-filer.

    You will get the joint standard deduction of about $11,100 plus $3,600 personal exemption for yourself, your wife and for each child. You will also get to claim the $1,000 Child Tax Credit for each child.
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