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Level 2
posted Apr 4, 2020 12:56:30 PM

H1b- married filing jointly

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!

 

0 3 816
3 Replies
Expert Alumni
Apr 4, 2020 1:41:59 PM

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 

 

@prtk05

Level 2
Apr 4, 2020 1:44:42 PM

Thanks again @LinaJ2020 - I should note that our kid is a US citizen under 16. Can we still not claim him under child tax credit? 

Expert Alumni
Apr 4, 2020 2:07:50 PM

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. 

 

@prtk05