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AllanPoe

Can one claim a Spouse as a Dependent>?

By AllanPoe in IR-1 / CR-1 Spouse Visa Process & Procedures

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AllanPoe Contributor

AllanPoe   0

Posted
Filed: IR-1/CR-1 Visa Country: Colombia
 Timeline
Posted

hello,

i have been married since May, and I figure she wont be here until late february through the CR-1 program.

i have been supporting her since may.

can i claim her as a Dependent in my tax return?

thank you

Service Center : California Service Center

Consulate : Bogota, Colombia

Marriage : 2009-05-20

I-130 Sent : 2009-06-01

I-130 NOA1 : 2009-06-08

I-130 RFE :

I-130 RFE Sent :

I-130 Approved : 2009-09-15

Interview Date 18 FEB 10

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payxibka Grand Master

payxibka   10,045

Posted
Filed: AOS (apr) Country: Philippines
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Posted
hello,

i have been married since May, and I figure she wont be here until late february through the CR-1 program.

i have been supporting her since may.

can i claim her as a Dependent in my tax return?

thank you

no, but you can file a "joint" return with her as your wife.... You will need to get her an ITIN (IRS Form W-7) in order to do this as she will not be eligible for a SSN

YMMV

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saaheb Apprentice

saaheb   0

Posted
Filed: IR-1/CR-1 Visa Country: India
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Posted

..... when she is here in Feb, you can apply for her SSN and get it in mail in a week or two. She may also receive the

Green card in mail by that time. Then, you may file a joint tax return.

Since you were married in the tax year (2009), you sure can file as status married.

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08/04/2009 - NOA1 CR1

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10/09/2009 - spouse emailed ds3032 to NVC

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vijo Contributor

vijo   0

Posted
Filed: IR-1/CR-1 Visa Country: India
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Posted (edited)

You have to apply for spouse ITIN. once you get it you can use it as spouse SSN. There instruction in ITIN letter what to do once your spouse comes to usa and apply for ssn.

Edited by vijo
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ally and moh Community Regular

ally and moh   3

Posted
Filed: IR-1/CR-1 Visa Country: Jordan
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Posted

Call the IRS. If you support a child, you can also file head of household and could still claim your alien resident spouse as a dependent. So call the IRS and ask VERY specifice questions before you file!

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payxibka Grand Master

payxibka   10,045

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted (edited)
Call the IRS. If you support a child, you can also file head of household and could still claim your alien resident spouse as a dependent. So call the IRS and ask VERY specifice questions before you file!

You can file a JOINT return but you CANNOT claim your spouse as a dependent..... Correct use of terminology is important.

Edited by payxibka

YMMV

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thegordons2009 Enthusiast

thegordons2009   1

Posted
Filed: IR-1/CR-1 Visa Country: Canada
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Posted
http://www.irs.gov/individuals/article/0,,...287,00.html#who

2/7/13 mailed I130 x 2

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HoneyandSonny Explorer

HoneyandSonny   0

Posted
Filed: IR-1/CR-1 Visa Country: Lebanon
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Posted

Okie I am confused on this one....You can do a joint return but cannot put ones spouse as a dependent correct?

January 2007: We met at work

December 2008: He proposed

July 4, 2009: Married

April 2010: Moved to Beirut, Lebanon

January 8, 2012: We welcomed our first child Luna Noelle to the world

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christeen Experienced

christeen   966

Posted
Filed: Citizen (apr) Country: Italy
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Posted

Correct, a spouse cannot be a dependent, you file jointly and take the standard deduction for married filing jointly (if you do not itimize)

10/14/2000 - Met Aboard a Cruise ship

06/14/2003 - Married Savona Italy

I-130

03/21/2009 - I-130 Mailed to Chicago lockbox

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