I came US first time with my wife and son last year August. In my w4, I have mentioned my status as Married(2). Since I have not completed 182 days last year in US, may I eligible for dependent benefi

[KurtL1 · Accepted solution]

Because you have not been in the United States in 2019 for the 183 days required per the Substantial Presence Test. This requires that you have spent:

1. 31 days during the current year, and
2. 183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting:
   • All the days you were present in the current year, and
   • 1/3 of the days you were present in the first year before the current year, and
   • 1/6 of the days you were present in the second year before the current year.

Because you did not meet the substantial presence test you are considered a nonresident alien for tax purposes. You will need to file Form 1040NR. The Form 1040NR is not supported by TurboTax. You will need to use Sprintax to file a Form 1040NR.  If you have questions you can contact Sprintax Help for assistance.

Per the IRS Instructions for Form 1040NR only U.S. nationals, residents of Canada, Mexico, and South Korea, and residents of India who were students or business apprentices may have a qualifying dependent on the return.

If you are married, you will not enter your spouse's information on the return. You should mark Box 5 indicating you are a Married nonresident alien