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GermanCanadian89

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I think the person who did our return messed up.

She said because I made income (Canadian unemployment) that, my husband cannot claim me as a dependant. Something to do with federal law? I'm totally confused. She said even though my income isnt taxed here(in the US) it doesn't count.

Does this sound right?

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I do not have my green card yet. I just have my noa from applying for my residency. I though since I don't work my husband can claim me as a dependant? Or is he better off claiming head of household like he originally told the person to do?

Your husband can not claim you as a dependent. A person can not claim a spouse as a dependent.

You can elect to file a joint return with your husband. By making the election, you must include your worldwide income. You would need to report your Canadian income.

Your husband can file as head of household if he has a qualifying child. The qualifying child MUST live with him at least half of the year.

Your husband must file as married filing separately if you elect not to file a joint return and he does not qualify to file as head of household.

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Alright. Our child was born here in the US, July 2014. I assumed automatically we were filling jointly, I don't know why this women filled us seperatly. I told her about my income, and told her to file together. I asked her about the dependent thing, she seemed as if it was possible. (In Canada a spouse can claim another spouse as a dependant, I guess it works differently here). My husband also told her that he wanted to file as head of household . I figured she would've done what was in our best interest not messing everything up.

My husband is head of house as I don't work. I only got unemployment benefits from canada because, we thought I'd go back to work but, I didn't and don't plan on it for the years to come. I actually claimed maternity leave.

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Alright. Our child was born here in the US, July 2014. I assumed automatically we were filling jointly, I don't know why this women filled us seperatly. I told her about my income, and told her to file together. I asked her about the dependent thing, she seemed as if it was possible. (In Canada a spouse can claim another spouse as a dependant, I guess it works differently here). My husband also told her that he wanted to file as head of household . I figured she would've done what was in our best interest not messing everything up.

My husband is head of house as I don't work. I only got unemployment benefits from canada because, we thought I'd go back to work but, I didn't and don't plan on it for the years to come. I actually claimed maternity leave.

If you were married in the year 2014, then you and you husband can file a joint return as long as you have a SSN or an ITIN (tax payer number). The child born in 2014 is a "dependent". That is a terminology thing. I believe the proper term you are thinking about is "exemption". If he files jointly with you, he gets the exemption for you which is subtracting from his reported income to reduce his "taxable income". Less money to figure tax bill on. Some examples of reducing his income:

Married filing jointly

-$3950 His exemption

-$3950 Your exemption

-$3950 Child's exemption

-$12400 standard deduction for joint return

Total $24,250 subtracted from his income before the tax is figured.

Married Filling Separately

-$3950 His exemption

-$3950 Child's exemption

-$6200 standard deduction for separate return

Total $14,100 subtracted from his income before the tax is figured.

The more he shaves off his income with exemptions, the less his tax bill will be.

Any 2014 income you earned while you were still in Canada could be eligible for Foreign Income Exclusion on the joint return calculated on Form 2555EZ. It is reported but not taxed.

How he filed is perfectly fine, but filing jointly would have likely been more money in his pocket because the tax would be lower.

If your tax person doubts you are eligible to file jointly with you husband because you didn't have a greencard in 2014, then refer her to Publication 519, Page 9. Non-Resident Spouse Treated as a Resident http://www.irs.gov/pub/irs-pdf/p519.pdf#page9


England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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