Her parent's cannot claim her if you file a joint return unless that joint return is only to claim a refund and there would be no tax liability for either spouse on separate returns. Below are the requirements that her parents have to meet to claim her.
Qualifying child
- They are related to you.
- They aren't claimed as a dependent by someone else.
- They are a U.S. citizen, resident alien, national, or a Canadian or Mexican resident.
- They aren’t filing a joint return with their spouse.
- They are under the age of 19 (or 24 for full-time students).
- No age limit for permanently and totally disabled children.
- They live with you for more than half the year (exceptions apply).
- They didn't provide more than half of their own support for the year.
It is the choice of you and your wife whether you file jointly or separately. If you file jointly, they cannot claim her as a dependent. Your return would be correct and the parents return would not.
**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"
