Do I choose US Citizen/Legal Resident if my dependents are not considered legal residents but live in the US?

[JO1784]

It seems weird that there are only two options and if you choose "non of the above" option it will say they do not qualify as dependents but I know they do!

[KarenJ]

What form are you trying to complete?

[JO1784]

Is in the part where you answer questions about your dependents.

[KarenJ · Accepted solution]

In order to claim your children as dependents, they must be a US citizen or resident or a resident of Canada or Mexico.

In order for them to be considered a resident, they will have to meet the substantial presence test or be a green card holder.   This is the same test for everyone to be a resident of the US unless they are exempt under certain visas. Please see the following:

Use the following calculation for the substantial presence test, count all the days of 2017 that they were in the US, count 1/3 of the days they were in the US in 2016 and count 1/6 of the days they were in the US in 2015.  If the days add up to 183 US days or more, then they are a US resident for tax purposes.