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    NoTaxIdea's Avatar
    NoTaxIdea Posts: 1, Reputation: 1
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    #1

    Apr 12, 2007, 07:10 AM
    Dependent, 1040NR
    My income is exempted from tax (no need to file returns) and my spouse (got work authorization from my employer) must file 1040 NR. We both are from India and have a US citizen child of age 3 years. I have couple of questions.
    1) Can my spouse claim child as a dependent?
    2) Is it single filing with married status?

    Thanks in advance
    NoTaxIdea
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Apr 19, 2007, 02:48 PM
    If your spouse is F-1 or J-1, then he/she can claim the child and you as dependents. If not J-1 or F-1, then he/she cannot claim you or yor child.

    He/she must file as a married non-resident alien.
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