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    kavikris's Avatar
    kavikris Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Mar 10, 2011, 11:13 AM
    Request for H1B Tax Exemptions and Dependents clarification
    My Family (Wife and 8 year kid, both on H4 dependent visa) left US in 2009 to India and I was alone in the US in 2010 and visited India in August 2010 and could not return to the US due to pending visa.
    Please suggest my Filing Status (my wife is a Home maker), Exemptions and if I can claim my Kid whom I supported as dependent for the year 2010 though he was not in the US for the whole year 2010.

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

    Apr 25, 2011, 11:02 AM
    You CANNOT claim the child, who MUST spend at least ONE day in the U.S. in 2010 in order to be claimed as a dependent. This assumes that the child is NOT a natural-born U.S. citizen and has an ITIN.

    You CAN file jointly with your wife (her physical presence is irreleventl; she could be on Mars for all the IRS cares), though she DOES have to sign the tax return.

    If you have not yet filed, and you need professional help filing your return, email me at [email protected] or [email protected].
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