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    armandoelizalde's Avatar
    armandoelizalde Posts: 6, Reputation: 1
    New Member
     
    #1

    Jan 12, 2010, 12:26 PM
    Can an F-1 claim dependents on income tax?
    Hi I'm married to a us citizen, currently still F-1 but legal residence papperwork has been sobmited, can I claim credit for a dependent besides my wife on my income tax? Will this geopardize my current process ?thanks
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
     
    #2

    Jan 13, 2010, 01:17 AM

    You can file joint return as residents.

    Or you can file nonresident tax return on F-1. On nonresident tax return, you can not claim dependent.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,818, Reputation: 846
    Senior Tax Expert
     
    #3

    Jan 13, 2010, 12:24 PM
    We REALLY need to know from which country he originated, because some non-residents CAN claim their spouses as dependents on the non-resident alien return.
    armandoelizalde's Avatar
    armandoelizalde Posts: 6, Reputation: 1
    New Member
     
    #4

    Jan 19, 2010, 01:13 PM

    I'm from mexico, now I'm sure I can claim dependents filling jointly with my american wife, but will this jeopardize my residenci process with DHS?
    armandoelizalde's Avatar
    armandoelizalde Posts: 6, Reputation: 1
    New Member
     
    #5

    Jan 19, 2010, 01:16 PM
    Quote Originally Posted by MukatA View Post
    You can file joint return as residents.

    Or you can file nonresident tax return on F-1. On nonresident tax return, you can not claim dependent.
    OK, but if I file jointly as resident will it make more dificult to fix my residence process? Since I'm getting a credit for my dependent
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,818, Reputation: 846
    Senior Tax Expert
     
    #6

    Jan 19, 2010, 01:51 PM
    Filing jointly with your American wife will in no way jeopardize your standing with the Department of Homeland Security.

    Such a filing is legally permitted under the IRS regulations.

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