Check out some similar questions!

hgd7833 · Jan 30, 2009, 08:01 PM

I am supposed to fill out the 1040nr since I am an international student on F1 visa.
A friend of mine told me that since I have an American daughter now ( born in USA) so you can treat yourself as a resident alien. I don't even know my category if resident or nonresident alien. I filled out the 1040A using Turbo tax. That happened only two days ago.
I found only today that I am not illegible to use Turbo Tax.
What do you advise me to do now ? He told me that you can just ignore this and nobody will care or find out, but I think it is NOT a wise advice. Yeah ?
So what should I do to fix the problem ? I don't know anything about the rules and regulations since I have been here only since August 2007. Is there any penalty that I will face ? Can I wait until they deposit the money to my account or not to wait ? Please any help or advice will be highly appreciated.

AtlantaTaxExpert · Feb 2, 2009, 10:56 AM

Since you did not share which country you come from, I cannot comment as to whether you can claim your daughter as a dependent.

For sure, you CAN claim the $1,000 Child Tax Credit for her.

You need to amend the return using Form 1040X and a properly-prepared Form 1040NR and Form 8902 to claim the Child Tax Credit.

If you owe additional tax (most likely), you can make the payment by 15 April 2009 with the amendment and incur no penalties or interest charges.

hgd7833 · Feb 2, 2009, 02:05 PM

Thank you for your answer . Actually I came in USA in Aug 2007 with my wife and daughter.
I have the F1 visa, they came with F2 visa. All of us are from Jordan. I have a social security number since I am a teaching assistant. We had a baby born recently in Nov. 2008, so she is US citizen. Because of this, some one told me that I can treat myself as a resident alien and I am solely supporting my US daughter. I applied through the Turbo Tax. I filed as a single and claimed my US daughter only as dependent . That was my friends advice, so that I can get more money. I just trusted him and did what I did. The turbo Tax give me a credit of
$ 7000.00 although I paid only 2800.00 total taxes in 2008. Next day some one else told me that what I did is illegal!! I am confuse now.

My question now is that: Is what I did right or wrong ?
If wrong ? What to do ? Do you advice me to file the 1040x now ? Or just wait until I got the tax returns deposited in my account ? Some body told me the latter is better but I just don't want to trust any body any more except a Tax expert.

I am sorry for the long message but I just want explain every thing to have you answer the best possible answer. Thanks for your help.

hgd7833 · Feb 2, 2009, 05:51 PM

I hope to hear from you soon Mr. AtlantaTaxExpert

I just want an advice of what should I do now

AtlantaTaxExpert · Feb 3, 2009, 02:31 PM

I believe that I have answer your question via email.

Unfortunately, you filed incorrectly, and must amend the return using Form 1040X with a properly-prepared Form 1040NR, 8901 and 8843 attached to the Form 1040X.

You got so much money because you qualified for the Earned Income Credit, a credit for which you are NOT ELIGIBLE.

You are a non-resident alien and CANNOT claim either your wife or child as a dependent. However, because your child is a U.S. citizen, you CAN claim the $1,000 Child Tax Credit.

When you file the amendment, expect to write a BIG check to the IRS. If you file the amendment before 15 April 2008, there will be no interest nor penalties due.

hgd7833 · Feb 3, 2009, 07:17 PM

Thanks for your advice I got that. I will contact you for a professional help regarding filing the amendments. But I have a question now: You said expect to write a BIG check to the IRS. I still don't know how much I will get money, how can I write the check then ? Do you mean I file the amendments after I get the money from IRS ? Can I file now ?

hgd7833 · Feb 4, 2009, 06:37 AM

And another question please, I have issued a tax identification number for my wife and big daughter, and the w7 department told me that I can claim my wife and my big daughter as dependents, and actually when I filed my tax last year, the tax expert filed me as married and a joint application, Now you are saying something different! Could you explain that to me please ?

I hope you answer both questions to me please, this question and the question about how should I write the check before I get the money ?

Thanks for your help.

AtlantaTaxExpert · Feb 9, 2009, 03:13 PM

The advice I give you is based on the information you have posted.

That information tells me you are NOT eligible to file as a resident alien. The tax consultant with who you fled the return is used to working ONLY with U.S. citizens, and he mistakenly filed you like a U.S. citizen.

I have told you the way to correct this problem; whether you do it or not is entirely up to you.