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Returning Member
posted Jan 27, 2025 7:05:29 AM

Claiming children as dependents if they are in foreign country living with my spouse who is NRA

I (a US resident alien) have biological US citizen children. Both children were living abroad with my spouse (non resident alien), while I was living in the US through all of 2024.

 

Can I file a joint return with my spouse (treating her as a resident alien)?

Can I claim my children as dependents?

Should I answer, children were living with me, while entering dependent details?

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1 Replies
Expert Alumni
Jan 27, 2025 7:54:09 AM

Yes, you can elect to treat your NRA wife as a resident and file a joint return.

If your children lived with your spouse for more than half the year and you are filing a joint return, you would be able to claim them as dependents.

You can answer they were living with you only if they lived with you (or your spouse) for more than half of the year.