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rs56164 Contributor

rs56164   0

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Filed: AOS (apr) Country: China
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Posted (edited)

I'm probably posting this in wrong location...I'm a US citizen. My Chinese wife and I were married in July 2012. We did not get her Greencard or SS# until this year. My question, can I claim her as a dependant on our 2012 Federal Tax Return?

Thanks

Edited by rs56164
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JohnR! Grand Master

JohnR!   5,495

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Filed: Country: Monaco
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Posted (edited)

I'm probably posting this in wrong location...I'm a US citizen. My Chinese wife and I were married in July 2012. We did not get her Greencard or SS# until this year. My question, can I claim her as a dependant on our 2012 Federal Tax Return?

Thanks

She is not your dependent. Spouses can't be dependents. You can however choose between Married Filing Jointly and Married Filing Separately, whichever works best for both of you.

Edited by Gegel

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www.ffrf.org




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rs56164 Contributor

rs56164   0

Posted
Filed: AOS (apr) Country: China
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She is not your dependent. Spouses can't be dependents. You can however choose between Married Filing Jointly and Married Filing Separately, whichever works best for both of you.

Correct...she had no income so I would assume filing jointly would be the best route

Thank you

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Nich-Nick Grand Master

Nich-Nick   3,354

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Filed: Citizen (apr) Country: United Kingdom
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Posted (edited)

I'm probably posting this in wrong location...I'm a US citizen. My Chinese wife and I were married in July 2012. We did not get her Greencard or SS# until this year. My question, can I claim her as a dependant on our 2012 Federal Tax Return?

Thanks

If you were married in 2012, but your wife didn't have a greencard and only entered the US in 2012, you can write a statement electing for her to be treated as a resident alien for tax purposes for all of 2012. If she earned any income in her foreign country, that must be reported. Otherwise you have to file "married filing separately" Foreign Income can also be excluded using Form 2555. There is a thread with a sample statement to write and how to do the foreign income exclusion on TurboTax. http://www.visajourney.com/forums/topic/412125-turbotax-help-for-joint-filing-2012/

Publication 519 discusses this.

Edit: with no income then no need to do the foreign exclusion.

Edited by Nich-Nick

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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