i-751 filing question

[pistol12345 0]

hello everyone!!.. I would like to first say thanks for visiting this thread and thanks inadvance for all of your input. I have been part of this forum for quite a bit now. I came to the US a decade ago and when I got married we filed for our paperwork. My greencard/petition got approved on sept 17th, 2009 and i was about to file for joint taxes in a couple days...My wife has a son from her previous relationship and her mom has been claiming him as a dependent on her taxes the last couple of years.....

so when i file for joint taxes we wont be claiming him as a dependent...(her mom has got some issues and wants to continue claiming him)...and im wondering is this gonna be a problem when it comes to removing conditions in september 2011.....when i come to think of it, it really doesn't matter whether we claim him on our joint taxes or not..my step son is from a prior relationship of my wifes and her mom wants to continure claiming him and theres nothing i can do?..

any suggestions are welcome..

Thanks VJ

[v333k 59]

hello everyone!!.. I would like to first say thanks for visiting this thread and thanks inadvance for all of your input. I have been part of this forum for quite a bit now. I came to the US a decade ago and when I got married we filed for our paperwork. My greencard/petition got approved on sept 17th, 2009 and i was about to file for joint taxes in a couple days...My wife has a son from her previous relationship and her mom has been claiming him as a dependent on her taxes the last couple of years.....

so when i file for joint taxes we wont be claiming him as a dependent...(her mom has got some issues and wants to continue claiming him)...and im wondering is this gonna be a problem when it comes to removing conditions in september 2011.....when i come to think of it, it really doesn't matter whether we claim him on our joint taxes or not..my step son is from a prior relationship of my wifes and her mom wants to continure claiming him and theres nothing i can do?..

any suggestions are welcome..

Thanks VJ

Technically, if the son is living with you and you are paying for his expenses, then you should be claiming him as a dependent. In other words, the mother is committing tax fraud. This being said, I realize that your situation is not as simple as I mentioned, and there are additional factors that are pushing you not to file properly.

However, as you said, this son is from a different marriage and as long as he is not filing for GC and citizenships, then his presence on your taxes and in your documents is not that important.

What is important with the tax returns is to show that you are filing IRS taxes jointly.

[payxibka 10,047]

I assume the child is a USC... not a pertinent part of the ROC petition