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01-10-2013, 04:58 AM
| Junior Member | | Join Date: Jan 2013
Posts: 4
| | Please help! Family of permanent resident just got their residence visa I am a permanent resident and my family ( wife with 2 minor kids) just got their residence visa too and will be coming here next month, can i already claim them
As dependent for 2012 tax. |
01-10-2013, 06:22 AM
| Moderator | | Join Date: Oct 2010
Posts: 5,258
| | “I am a permanent resident and my family ( wife with 2 minor kids) just got their residence visa too and will be coming here next month, can i already claim them As dependent for 2012 tax.”----->No, you can’t UNLESSS you rkids lived with you for at least 6 months. Spouses are not dependents of each other. Instead, husbands and wives can choose either to file a joint tax return or to file two separate returns. Filing jointly provides you with two personal exemptions for the husband and wife, plus one personal exemption for each dependent. Filing jointly also provides a standard deduction of $11,900 for 2012. You can also itemize, if that figure will be higher than your standard deduction. Your kids must have lived with you for at least 6 months out of the year 2012. You cannot file a joint return with your wife. |
01-10-2013, 07:47 AM
| Junior Member | | Join Date: Jan 2013
Posts: 4
| | Thanks for your response winhough! I appreciate it!
So you mean that there's no way i could include them because they were not here with me for at least 6 months? Even if i am giving them money twice a month for support? My wife will be coming here only next month, so she can't file too because she's not here yet on 2012?
Thanks so much:-)) |
01-10-2013, 07:57 AM
| Moderator | | Join Date: Oct 2010
Posts: 5,258
| | “So you mean that there's no way i could include them because they were not here with me for at least 6 months?”----->I don’t think so. As mentioned previously, you can claim your spouse overseas( you can claim her personal exemption ;you can’t claim your spouse as your dependent, OK??) NOT your kids UNLESS your kids are citizens/residnets of Mexico/Canada.
“ Even if i am giving them money twice a month for support? “------>
No; since your kids didn’t live with you for at least 6 months.
“My wife will be coming here only next month, so she can't file too because she's not here yet on 2012?”--->You can claim her personal exemption, $3800 for 2012, NOT her as your dependent. You, as married filer, can file your return either MFJ or MFS,OK??? |
01-10-2013, 08:05 AM
| Moderator | | Join Date: Oct 2010
Posts: 5,258
| | if as you said, you provided over half of the children's support, you may claim your children as a "qualifying relative" and receive an exemption of $3,800 per kid. However, since the children's home was not with you, it may be difficult to establish that you provided over half of the children's support.
In order to claim the kids as your dependents, the dependents must have a SSN. If your children qualified as your dependents, you can wait to file or file without your children and then amend your return when the children receives their SSN#. |
01-10-2013, 08:06 AM
| Moderator | | Join Date: Oct 2010
Posts: 5,258
| | As said, for qualifying relative, NOT as Qualifying child, they must be citizens/residents of US, Canada, and Mexico. |
01-10-2013, 08:18 AM
| Junior Member | | Join Date: Jan 2013
Posts: 4
| | Thanks!
Once my family arrive here next month, they're going to receive their SSN 2 weeks later. Probably i will just wait for their SSN before i'll file my taxes for 2012 and lets just see if they will allow me to claim them already and file jointly with my wife. Thanks very much for responding on my thread, its very much appreciated! |
01-10-2013, 08:21 AM
| Moderator | | Join Date: Oct 2010
Posts: 5,258
| | Then you can claim your kids as your QUALIFYING RELATIVE, NOT QUALIFYING CHILD on your 2012 return. | |
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