[jewelberry]

I got married in September 2006 and although I've been supporting my wife since the beginning of the year, my wife officially moved into my home in early October. She is currently F1 staus with no social security number in we are in the process of applying for staus change to permanent residence. Since she did not work in 2006 can I still put her down as I my dependent despite the fact that our marriage took place towards the end of the year? If, yes, what are my deductions? Thank you.

[TerSor]

I was told by a tax preparer the most you can do for 2006 taxes is claim "Head of House Hold". Because she did not live with you more than six months you are limited. You can also refer to websites like Americans For Fair Taxation: FairTax.org and IRS Tax Preparation & E-File Tax Extension Forms Online - IRS.com for more details on these types of scenarios.

[The Texas Tax Expert]

Or you could have her elect to file as a resident and you could then file a MFJ return. This would most likely give you a better outcome.

[AtlantaTaxExpert]

TTE's option will produce the greatest tax benefit and is the recommended solution.

However, a resident alien CAN file Married Filing Separately and claim his non-resident alien wife as a dependent. The fact that she is his wife negates the requirement that she live with him for more than six months.

[sublime5373]

I got married in September 2006 and although I've been supporting my wife since the begining of the year, my wife offically moved into my home in early October. She is currently F1 staus with no social security number in we are in the process of applying for staus change to permanent residence. Since she did not work in 2006 can I still put her down as I my dependent despite the fact that our marriage took place towards the end of the year? If, yes, what are my deductions? Thank you.

Hey there... I got married in NOV of 02 and when we filed taxes they said it did not matter if we were married 1-1-02 or 12-31-02 it was in that year... but I have no idea about F1... there was a year I did not work and my husband clamed me... as long as you supported them for 6 months.

[AtlantaTaxExpert]

If you are married on 31 Dec of the tax year, you are considered to be married the ENTIRE year, regardless of your visa status.

Whether your husband can claim you depends on HIS visa status, your decision to file jointly or not (assuming you have that option), and your country of origin.