I am inidan and got a job in USA. Came here with H1B visa. I plan to bring my family (wife and daughter) after a year. Now can I show my self as married and claim my wife and daughter as depentdent and get a tax benifit?

asked 26 Feb '11, 02:00

sandip's gravatar image

accept rate: 0%

edited 27 Feb '11, 00:16

TaxQueries's gravatar image

TaxQueries ♦♦

Hi Sandip,

Congratulations on getting the job.

As you are aware, an H1 visa is classified as a temporary employee. As such, there are many variables that have to be taken into account before making the final determination as to how you will file your U.S. tax return.

The answer to your question will hinge on whether you are considered a resident alien, non-resident alien or if you have dual-status for “tax purposes.” This is not a simple matter of meeting the substantial presence test.

In the absence of additional information, a brief, general, and basic answer to your question would be as follows:

  1. If it is determined that you are a resident alien for “tax purposes,” then yes, you would be able to file jointly with your wife and declare your worldwide income, but your dependents must otherwise qualify under the normal rules. If the child resides in India, the answer would be no.

  2. If it is determined that you are a non-resident alien for tax purposes, you MAY be able to claim an exemption for your spouse if you are a resident of Canada, Mexico, South Korea, or India when you are a student or business apprentice. Note that residents of India have a specific stipulation for these exemptions, and again, the dependents must otherwise qualify under the normal rules.

You will want to review the following on the IRS site: Aliens – How Many Exemptions Can Be Claimed? http://www.irs.gov/businesses/small/international/article/0,,id=129233,00.html

Please also review IRS Pub 519 (U.S. Tax Guide for Aliens): http://www.irs.gov/pub/irs-pdf/p519.pdf to make an informed determination as to your status for tax purposes, as well as consulting with your immigration attorney, and an experienced tax professional.

Lastly, a status determination for tax purposes will have no bearing on your lawful immigration status.

Best of Luck!


answered 27 Feb '11, 00:37

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

Kristy M. W.
accept rate: 4%

You can file jointly if your wife will be taxed on her world wide income as well as yourself.


answered 27 Feb '11, 22:26

SandySea's gravatar image

accept rate: 7%

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Asked: 26 Feb '11, 02:00

Seen: 3,607 times

Last updated: 27 Feb '11, 22:26