[amykmathew83]

I am dual status alien in 2013. I was on F1 visa I am an indian till June 2013 now to H1b from aug 2013. I am married and have a child born in US want to know if I can claim personal deduction for them for 2013. Also my wife is not working but doing a part time course online and my son goes to montessari can we get child care expenses

[AtlantaTaxExpert]

For the 2013 tax return, it is MOST LIKELY that you should file jointly with your wife and you BOTH claim to be resident aliens for ALL of 2013. This will allow you to file under the most favorable Married Filing Jointly tax rates, PLUS claim your child as a dependent PLUS claim the $1,000 Child Tax Credit.

Since the child was born in the U.S. he/she should already have a Social Security Number (SSN),

You wife, however, will need an Individual Tax Identification Number (ITIN), which can be applied for at a local Tax Assistance Center listed at the link below:

Taxpayer Assistance Center Locations Where In-Person Document Verification is Provided

You WILL need to wait until sometime in May to file, but the extra tax benefits of filing jointly make the wait worthwhile.

If you need PROFESSIONAL help filing this return, email me at the email address in my profile for more details.

[amykmathew83]

Thanks for your prompt reply.
I am married to an indian and she is not a resident still neither is she a citizen of US. Can still we use the filing status of married filing jointly?
Its been 4 years that we have been in US. So we don't meet the substanitial presence criteria neither do we meet the Green card criteria.

[AtlantaTaxExpert]

That is what First Year Choice does: It allows you to delay filing in 2014 UNTIL you Do meet the Substantial Presence Test. That is why you must wait until May 2014 to file.

Your wife files as the spouse of a resident alien. You BOTH CHOOSE to be treated as residents for all of 2013.