He is a U.S. citizen and I am from Belarus. We've been married for 3 months now. I worked in the USA for 2,5 months (from August till October), before my work authorization expired. Now I am adjustment of status applicant and am not eligible for work, so he pays for both of us.I am not aware how this whole tax return thing works, and neither is he. I am not sure if it's right calling me a dependant or maybe there's another term for this case. We just heard from other people that he can claim me so that he gets more money back. Could you please explain what is the best option for us? Thank you very much.

asked 16 Jan '11, 03:49

Hanna%20Degnan's gravatar image

Hanna Degnan
accept rate: 0%

Your husband can file married filing jointly only if you both agree to be taxed on your worldwide income.


answered 16 Jan '11, 17:31

F%20A%20Sanchez's gravatar image

F A Sanchez
accept rate: 0%

Great answer. Yes a spouse can elect to be included on MFJ but only if the spouses claim worldwide income. Sometimes it may be better to file MFS if the income is not US sourced for the spouse.

(17 Jan '11, 20:05) SandySea

Excellent answer indeed. I would also add, that you run the risk of losing out on deductions by filing separately. If itemizing deductions, then it is probably best to run the numbers on both scenarios and find out what works best.

(20 Jan '11, 18:34) Jayson Wiser

He can claim you, but NOT as a dependent. A married person has two, and only two options. He can either

a) File jointly (together) with you, meaning that the two of your jointly claim the two of you, and neither of you is claimed as a "dependent", by anyone, or

b) File separately (alone), and not claim you.


answered 17 Jan '11, 04:56

stephenweinstein's gravatar image

accept rate: 1%

Hi There,

To clarify things a tad further, the IRS specifically states that "your spouse is never considered your dependent." However, there are times when one spouse can claim an exemption for the other on a seperate return. In your case, the answer is no because you had gross income for the year. It can be a bit confusing, but if you go straight to the source you will find the following:

IRS Publication 501 (Exemptions, Standard Deduction, and Filing Information). It specifically addresses your question on page 10 and states as follows:

Your Spouse's Exemption Your spouse is never considered your dependent.

Joint return. On a joint return, you can claim one exemption for yourself and one for your spouse.

Separate return. If you file a separate return, you can claim an exemption for your spouse only if your spouse had no gross income, is not filing a return, and was not the dependent of another taxpayer. This is true even if the other taxpayer does not actually claim your spouse as a dependent. This is also true if your spouse is a nonresident alien; in that case, your spouse must have no gross income for U.S. tax purposes.



answered 20 Jan '11, 13:59

Kristy%20M.%20W.'s gravatar image

Kristy M. W.
accept rate: 4%

Ok quick question, so Im goin threw a really bad divorce, the husband wants to claim me n my daughter as a dependent, but the kid isn't his.. we were married 2 years,he never adopted my child, I moved outta his house 8 months ago but the house was n ower name and he just now got rid of the place, my name was on the place as well I am currently outta a job but live with a friend, told em I don't give him promission to claim myself and my child, now he sayin he's gonna sue n take more from me after having a loaded gun to my head n maid me look down the barrel infront of my 2 year old, sorry getting off topic, any who he's n the military and currently deployed, any thoughts??strong text


answered 19 Dec '11, 06:37

msbrandy's gravatar image

accept rate: 0%

Call Military One Source and ask them. Legally, (the way I understand it) he can claim you both as a dependent for as long as you were living there for the year. Maybe even for as long as you were married. Like if you moved out 8 months ago, but didn't get divorced till 2 months ago he can claim you that whole time. But if you were divorced 8 months ago, he can claim you for 4 months, but not for the year. As for the loaded gun to your head. Call his commanding officer or the chaplain for his batallion. He needs help and the CO can force him to go to the doctor or the chaplain who can then force him to go to get a psych evaluation. Sounds like PTSD. We are military as well.


answered 26 Dec '11, 15:27

northsouthwest's gravatar image

accept rate: 0%

You cannot give or not give someone permission to claim you. The IRS has rules and guidelines for it. It may not be his child but since you were married he can legally claim the child. Step child is just as good as your own child for taxes. In order to claim you then you must file jointly and sign the return. If you left him 8 months ago where did you go? Who has provided support for you and the child?


answered 01 Jan '12, 16:17

taxguruette's gravatar image

accept rate: 0%

So I normally file jointly and am head of houshold. I'm now 4 years with out work and a year and a half without unemployment. Should I still file jointly and just switch my wife to head of houshold then mark myself down for a deduction stating I made no income for the year? Johnny NJ


answered 27 Jan '12, 10:36

johnnydmetal's gravatar image

accept rate: 0%

Hi am green card holder married to USC and i dont really undertsand about the taxs my husband doing the paper for tax now my Q is i dont work an we are married since 2009 but i came 2010 usa do i have any right from the refund money cause he neve tell me nothing and if my husband file jointly or file separately 1) do i have right in that 2) if he do separately is that will effect me cause i dont work


answered 29 Jan '12, 08:48

Almas's gravatar image

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Asked: 16 Jan '11, 03:49

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Last updated: 29 Jan '12, 08:48