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    kallumama's Avatar
    kallumama Posts: 17, Reputation: 1
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    #1

    Apr 10, 2010, 03:07 PM
    Filing status - MFJ or not?
    Hi,

    I needed some help in figuring out if I can still file MFJ for last year or take an exemption for my daughter.

    I filed a married filing joint return in 2008 and need to figure out my situation for 2009:

    My wife was working in US till Apr 2009 and quit and has been in India since. We had a baby in oct 2009 - she is a Indian citizen, lives with my wife in India and has never been to US.

    I have been continuously employed with a software company in US on H1B visa though I was 'unofficially' working from India / on vacation for about 5-6 months in 2009.

    After my research, it seems I can still file a MFJ. Is that right?

    Also, can I consider my daughter as a dependent and take an exemption for her?

    Thanks.
    kallumama's Avatar
    kallumama Posts: 17, Reputation: 1
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    #2

    Apr 10, 2010, 03:12 PM
    Update:

    I read the pub 519. It seems both me and wife meet the substantial presence test and can be considered resident aliens. So, I guess we can file MFJ.

    What about our daughter? Can I still take an exemption for her?
    Five Rings's Avatar
    Five Rings Posts: 459, Reputation: 7
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    #3

    Apr 11, 2010, 09:26 AM

    No, you may not. She is neither citizen or resident in the US as is required to be considered a dependent.

    She was born in India; you are, neither of you (husband and wife), citizens or lawful permanent residents of the US..
    kallumama's Avatar
    kallumama Posts: 17, Reputation: 1
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    #4

    Apr 11, 2010, 01:31 PM

    Thanks Five Rings. That is what I thought.

    Just curious, if I could take exemption for her if I was a us citizen?
    Five Rings's Avatar
    Five Rings Posts: 459, Reputation: 7
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    #5

    Apr 12, 2010, 04:10 AM

    Yes because she would then be a citizen by virtue of your citizenship.
    You would have to get her a "Certificate of Overseas Birth" at your consulate and she would receive a social security number at that time.
    kallumama's Avatar
    kallumama Posts: 17, Reputation: 1
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    #6

    Apr 12, 2010, 09:48 AM

    That seems unfair. I am paying full taxes like a citizen but not getting equivalent treatment.

    Thanks Five Rings.
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