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prapro · Feb 16, 2006, 12:33 PM

Hello AMHD,

I am married and have a kid of one year old. I came to US on Aug 2005 on H1 visa. My family got their H4 visa's on Dec 2005 and they came to US on Feb 2006.

Now my question is
What is My Tax Marital Status?
Can I claim my wife and kid are dependent on me?

Thanks
Pro

AtlantaTaxExpert · Feb 16, 2006, 06:36 PM

Pro:

Fill out Form W-7 for your wife to get her an ITIN. Attach the W-7 along with a notarized copy of her passport to the tax return. You will file Married Filing Jointly to the Philadelphia, PA IRS Center, who will issue her the ITIN and process the return.

As for your child, it depends on which country you are from? Provide that information and I can answer your question.

Catseyes · Feb 17, 2006, 08:14 AM

My family got their H4 visa's on Dec 2005 and they came to US on Feb 2006

Excuse me Tax Expert, but are you sure that he has to file married filing jointly for the 2005 return, even though his wife and child never stepped a foot in the US in 2005 ?

To me, but I am no " tax expert", his wife has no return to file for 2005. So she just needs to go to a local social security office to apply for SSN.

AtlantaTaxExpert · Feb 17, 2006, 10:09 AM

I admit it looks strange, but the way the criteria is spelled out in IRS Pub 17, there seems to be no requirement for the spouse to be in the United States.

The child definitely has to be in the United States unless they live in specific countries where physical presence is not required. That's why I asked about his country or origin.

prapro · Feb 17, 2006, 10:57 AM

Thank you very much AtlantaTaxExpert and Catseyes for your comments on my issue.
What I got from this is, I can file Taxes for 2005 as married. I am correct ?

I am from India and I came here on H1B. My Kid was born in India. She came to US first time along with my wife on Feb 2006. Can I show my kid is dependent on me ?

AtlantaTaxExpert · Feb 17, 2006, 10:42 PM

Prapro:

Sorry, you cannot claim the child as a dependent because the child did not live with you in 2005 and was not a resident of the U.S. for at least part of the year.

However, the residency restriction does not apply for your wife. You can file Married Filing Jointly and get the benefits of both of your personal exemptions ($6,400) and both standard deductions ($10,000).

prapro · Feb 20, 2006, 09:16 AM

Thank you very much for your help. It's really appreciated.