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  #1 (permalink)  
Old 03-11-2010, 02:14 AM
Site Admin
 
Join Date: Mar 2010
Posts: 1
Post J2 with US citizen child. How to file?

Hi there!

I am a J-2 visa holder and am here in US since November 2008. I have an Employment Authorization Document and SSN. Mi wife has J-1 visa and is here in US since August 2008. We have a baby who was born in October, 2009. I have worked for two companies during 2009 and have recently received W2 forms from them. Can you please help me with answers to these questions?

1. Should I file as a Resident or Non-Resident?
2. Can I claim for my child tax credit since she is a US citizen?
3. Which forms I should file? And can I file jointly with my wife or not?
4. Which tax exemptions apply to me? We are from Armenia.

Thanks in advance!
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  #2 (permalink)  
Old 03-19-2010, 07:54 PM
Site Admin
 
Join Date: Apr 2006
Posts: 1,940
Default Home Country?

The critical issue in your case is your home country, because how you file is dictated by the tax treaty.

So, what is your home country??
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  #3 (permalink)  
Old 04-01-2010, 03:42 PM
Site Admin
 
Join Date: Apr 2010
Posts: 1
Default

i have similar case with that, and have same question too.
my citizenship and homecountry is indonesia.

thanks for your help
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  #4 (permalink)  
Old 04-12-2010, 08:05 PM
Site Admin
 
Join Date: Apr 2006
Posts: 1,940
Default Both Case

In both cases, you must file as non-resident aliens, which means you CANNOT claim your child as a dependent, even if he/she is a U.S. citizen.

Further, starting in 2009, you also CANNOT claim the child for the $1,000 Child Tax Credit, because, to claim the credit, you MUST be able to claim the child as a dependent.
__________________
The No 1 Tax Preparation Service for International Students, Foreign Nations, Greencard holders and US Citizens deployed overseas.

Save Taxes on H-1B, OPT, F-1, J-1, L-1 and other visas.

Apply for Non Resident Tax Forms 1040NR,1040NR-EZ, Form 8843 and Form 843, plus ALL state tax returns!

Visit http://www.VisaTaxes.com

The No 1 Non Resident Tax Preparation Firm, trusted by thousands of F1, J1, H1B other visa holders in US.

Ask us about our 10% Refer a Friend Tax Discount
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