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Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 28082
Experience:  Taxes, Immigration, Labor Relations
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My name is surojit..i came to US in 5th Jan 2015. My Wife

Customer Question

Hi...My name is ***** ***** to US in 5th Jan 2015. My Wife and 2 kids came to US on the 29th of Oct 2015. I am on L1 Visa and my wife is on L2 Visa. My questions is whether i can file my tax "Married Filing Jointly" and whether i would be eligible for Child Tax Credit and claim my children as dependents.
Submitted: 11 months ago.
Category: Tax
Expert:  Lev replied 11 months ago.

Hi and welcome to our site!
Based on your information - you are a resident alien - but your spouse is a nonresident alien - according to the physical presence test.
However - if both - you and your spouse - agree - you may elect to treat your spouse as a resident alien and file a joint tax return using "Married Filing Jointly" status.

Regarding claiming your children as dependents - you cannot claim a person as a dependent unless that person is a U.S. citizen, U.S. resident alien, U.S. national, or a resident of Canada or Mexico.

Based on your information - your children are nonresident aliens in 2015 - and may not be your dependents unless they are residents of of Canada or Mexico.

In 2016 - you will be able to claim your children as dependents.

Expert:  Lev replied 11 months ago.

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