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mandarkh · Nov 4, 2008, 09:40 PM

Hi,

I am working on H1B visa in US since last 3 years. Last year Sep 2008, my wife and daughter (3 yr old) left for India and I am alone in US since then.

Question reg tax is - Can I jointly file IT return for 2008 (in 2009) jointly with my wife and showing my daughter as a dependent. Or else I will have to file my return individually without claiming my daughter and wife as dependents.

- Mandar

AtlantaTaxExpert · Nov 5, 2008, 10:37 AM

You can still file jointly with your wife; her physical location is irrelevant in that determination.

For 2008, you will also be able to claim your child as a dependent, because she spent at least some time in the U.S. in 2008.

If she is a U.S. citizen by birth, you can also claim her as a dependent in future years regardless of her physical location if she is living with her mother.

If she is NOT a U.S. citizen, then you CANNOT claim her unless she spends at least some time in the U.S. in the future tax years.