Amended return (1040X)

[rin and john 71]

Just wanted to report what I did regarding the post below:

http://www.visajourney.com/forums/index.ph...p;#entry2628877

I filed a 1040X claiming Rin's children for TY 2006. Rin and I married in 2006, but her and her children did not arrive in the USA until 2007. When I initially filed my 2006 return, I filed MFJ with an ITIN for Rin, but did not claim her chidren as dependents. After reviewing tax code, I decided that it was possible to claim them (although many on VJ said it could not be done). In March 2009 I filed a 1040X (amended return) for TY 2006. Today in the mail, I received a letter from the IRS confirming that they accepted the amended return and that I will receive an additional refund for TY 2006 within the next two weeks.

When I filed the amended return, I simply recalculated my taxes with them as dependents and in the explanation section stated that I had failed to claim them as they were not living in the USA but were attending school in Thailand at the time. For dependents, attendance at school (even elementary school) is a viable reason for not living at "home".

Additionally, I spoke to one of my friends who is a dual citizenship (Taiwan and USA) living in China. Each year for the past 10 years he has filed taxes and claimed his children as dependents without problem.

Just wanted to let VJ members know that it is possible to claim your spouses children on your taxes. If you have questions, feel free to PM me regarding the process.

John

Edited May 3, 2009 by rin and john