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nag_ys · Feb 29, 2012, 11:51 PM

Hi,
I along with my spouse and a kid came to US in April 2011.
H1B H4 (Spouse) H4(Kid)
I have few questions.
1)I have an elder kid who is in India and did not make an entry to US yet. Can I claim her as a dependent.
2) I need to get ITIN for my spouse and kid. Came to know I need to fill W7 for them. Do I have to submit to my another kid as well who is in India.
3) What are the forms I need to fill. 1040 or any other as I have to submit my Income from India too.

Appreciate if anyone detail me the process and the forms to be filled.

Regards
Naga

MukatA · Mar 1, 2012, 05:40 AM

1. No, as your kid has never entered U.S.
2. If you file joint return, attach W-7 for your spouse and kid (who has entered U.S.) with the tax return.
3. You have two choices
a) File dual status tax return. You do not report foreign income.
b) File joint return as residents and claim your kid. Both of you must report worldwide income for 2011. Your U.S. Tax Return: U.S. Citizen or Resident with Foreign Income

nag_ys · Mar 1, 2012, 09:24 AM

Thanks for answering.
So if I file as joint return(as my wife has no income), can I claim my kid who is not been to US as dependent. Or I cannot claim in this scenario as well.

AtlantaTaxExpert · Mar 1, 2012, 02:54 PM

You can NEVER claim your child under any scenario if the child has NOT been to the United States UNLESS the child is a U.S. citizen.

nag_ys · Mar 5, 2012, 09:28 AM

Thanks MukatA for your answeres. I got few doubts 3.b
1) My spouse is a house wife with no income. So it appears I need to file jointly to get more advantage of standard deduction. It appears it is mandatory to mention as world wide income if filed jointly. Correct?
2) Form 2555 : The foreign earned income exclusion amount for 2009 is $91,400
a) I got a India income of 1.8L(Jan-April 2011)~4000$ for which I have a tax of 54$ equivalent.
b)I am paying house mortgage loan of 14.5k ~ 3850$ every year in india.
Also 40k ~ 900$ of insurance policies.
So I have
+ 4000$ Indian earned income
- 3850$ Housing deduction in india
- 900$ Other deductions(policies)

Can all these be shown under foreign earned income exclusion if showing the world wide income