Penalty exemption for not being insured in 2018 for H4 visa holder(wife) and US citizen (son) as they are not in US since Jun-2018 as my insurance stars from AUG to JUL

[rarchakam]

Hello Team, 

I am a H1B visa holder and my son is US citizen, in 2018 June my wife(H4) and son went to India and stayed there for full 2018 year,(my son has India OCI). My employer provided health insurance starts from Aug to Jul every year, so I have not included both my son and wife in insurance coverage from Aug-18 to Dec-18, so can I get penalty exemption for not being insured for both of my son & wife? what options should I select? "Resident of foreign country or US Territory", "Not a legal US resident", "Spent 330 days or more outside US"?

My wife (H4) in US since 2016 May to 2018 May. And both my son and wife are still in India.

Thank you,

Ramanujan.

[DanielV01]

Select the option "Resident of foreign country or US Territory" for the months implied.  In truth, all three of the options you cite above provide the same exception code on Form 8965:  Code C.  But they are excepted from the penalty for this reason.