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    ovreddy1978's Avatar
    ovreddy1978 Posts: 5, Reputation: 1
    New Member
    		  
    #1

    Feb 2, 2011, 09:49 PM
    Tax status question... Please Help...
    I was staying with my wife and kid on L1 VISA from April 2008 to July 2009. My wife is not working either in India nor in USA. I filed Married filing jointly for both 2008 and 2009 FY's. Later we returned to India and I alone came back to US in March 2010. I stayed alone in US till Dec 2010. My Wife and Kid were in India for whole 2010 year.

    My wife has SSN on L2 VISA status and my Kid has ITIN.
    1. Now how should I file my returns either Single or Joint for FY 2010?
    2. Can I claim my kid as dependent?

    Please answer my questions.

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

    Feb 11, 2011, 11:41 PM
    For 2010, you CAN file jointly with your wife; her physical location is irrelevant.

    However, you CANNOT legally claim the child as a dependent unless the child spends at least SOME time in the U.S. in 2010.
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