Can he claim me as a dependent on his taxes?

[MikeandEl 4]

Hello all,

If I arrive before the end of the year on a K-1 visa, can my fiance declare me as a dependent on his taxes for the year? Will we need to be married beforehand? Is there a minimum amount of time I need to spend in the country before I can be considered a dependent?

Thank you for any help you could offer!

[christeen 966]

You are not no will be a dependent ... But to file JOINT taxes you must be married (no girlfriend/fiancée exemption) no minimum time, just legally married before December 31.

[Hypnos 6,576]

A spouse is never a dependent.

[MikeandEl 4]

Thank you both for your quick replies! Neither of us were able to figure it out on our own.

[Nongorilla 0]

be careful. the international taxation is super complicated, specially if your native country has a tax-treaty between US

you should check whether your tax-home is in the US or your home country before the filing.

There are 2 types of test which determine of your US residency, "Green Card Test" and "Substantial Presence Test".

if you are non US resident in taxation sense. you don't need to file tax return but you may be supposed to do it to your country.

http://www.irs.gov/Individuals/International-Taxpayers/The-Green-Card-Test-and-the-Substantial-Presence-Test

[MikeandEl 4]

be careful. the international taxation is super complicated, specially if your native country has a tax-treaty between US

you should check whether your tax-home is in the US or your home country before the filing.

There are 2 types of test which determine of your US residency, "Green Card Test" and "Substantial Presence Test".

if you are non US resident in taxation sense. you don't need to file tax return but you may be supposed to do it to your country.

http://www.irs.gov/Individuals/International-Taxpayers/The-Green-Card-Test-and-the-Substantial-Presence-Test

Yeah, we are definitely going to use an accountant/accounting firm for this. It's extra tricky as I will continue to collect taxable income in my "original" country, which does have a tax-treaty with the US. We'd never try to do it ourselves! Thank you, goatherder!

[Lainie B 465]

If you marry before then end of the year you have the option to declare yourself a resident for tax purposes, regardless of what any other residency test tells you. That way you can file as married-filed jointly and get the tax benefits. You need to include the declaration when you file.