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Level 2

Question

H1b- married filing jointly

Forum|Forum|6 years ago
April 4, 2020
3 replies
21 views

Hello,

I am currently on H1b (resident alien for tax purposes) status and my wife is on F1 status (also on resident alien for tax purposes- exceeded 5 calendar years in the USA). We have a kid as well.

Can we safely file as "Married filing jointly", and also claim our kid as a dependent?

Thanks!

Level 14

Yes, you can if your child meets certain requirements.

As you both are considered as a resident for tax purposes, you both can file jointly with TurboTax. In order to claim your child as a dependent, click here for rules: Credit for Other Dependents

prtk05Author

Level 2

Thanks again @linaj20201 - I should note that our kid is a US citizen under 16. Can we still not claim him under child tax credit?

Level 14

It depends.

Child Tax Credit is different than the "credit for dependents". To see requirements, click here: https://turbotax.intuit.com/tax-tips/family/7-requirements-for-the-child-tax-credit/L3wpfbpwQ

If you meet all the rules, you can still claim.