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  • Filing Taxes

    Hello everyone. I have a question. I am married to a US citizen and I have my green card. We are looking to go file our taxes but someone was telling us that we are able to claim my son who I pay more than 50% of his expenses. Has anyone heard of that? My son is not in the US but I send child support weekly to his mother in Jamaica.
    PD - 2/20/18
    Filed I-130, I-765 and I-485 Concurrently
    Family Based - Married to USC

    2/20/18 - Paperwork received by USCIS
    3/20/18 - Biometrics completed
    5/9/18 - Received EAD
    5/12/18 - Received Social Security card
    5/21/18 - I-131 (AP) received by USCIS
    9/21/18 - AP approved

  • #2
    If you are married and living with your spouse, you must file as married filing jointly or married filing separately. You cannot choose to file as single or head of household. However, if you were separated from your spouse before December 31, 2019 by a separate maintenance decree, you may choose to file as single.

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    • #3
      Hello Mica,
      unfortunately if your son is not present in your household for at least half of the year you cannot claim him as your dependent and your expenses might be considered personal expenses therefore not reduced from your net income. I hope this answers your question .

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      • #4
        Only someone who is a US citizen or resident alien for tax purposes can be claimed as a dependent. If your son doesn't have a green card and hasn't been in the US, he is a nonresident alien for tax purposes, and cannot be claimed as a dependent.

        This is my personal opinion and is not to be construed as legal advice.

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        • #5
          Also an nonresident can be considered to be treated as a resident partly or for the full tax year depending on the circumstances. It depends on the age of the son and he is physical present at the same household for at least half of the year.

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