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Hi guys. I got married in Nov. 2009. I thought that as long as I got married before the end of the year I would be able to claim my husband on my taxes for 2009. But now my accountant says I can't have my hubby as a dependent because he hasn't been a resident for 6 months. How did you all handle this? If I am going to tell my accountant he is wrong, I want to know what I am talking about. Thanks a bunch!


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Hi guys. I got married in Nov. 2009. I thought that as long as I got married before the end of the year I would be able to claim my husband on my taxes for 2009. But now my accountant says I can't have my hubby as a dependent because he hasn't been a resident for 6 months. How did you all handle this? If I am going to tell my accountant he is wrong, I want to know what I am talking about. Thanks a bunch!

You can claim your spouse as an exemption on your tax return if he meets the Substantial Presence Test (he has to have been in the U.S. for at least 183 days) or the Green Card test (meaning he already has a green card).

If he doesn't meet either, you may still opt to have him treated as a resident for tax purposes.

You can read more about it at http://www.irs.gov/publications/p519/index.html

(Look under "Substantial Presence Test", "Green Card Test" and "Nonresident Spouse Treated as a Resident" - "How to Make the Choice"

My husband and I were able to file a joint return based on the Substantial Presence Test - I was in the U.S. for 187 days in 2009. :)

Hope that helps!

Edited by Fatima and Jim

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Filed: Other Timeline

Excellent response.

One addition: a spouse (husband or wife) can never be claimed as a dependent, as long as you are married. If you get a divorce, and pay alimony for your lazy-####, sitting-all-day-on-the-couch-Oprah-watching "ex," you can, however.


There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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If you send the statement where you "elect" for him to be a resident alien for tax purposes (for all of 2009), then you can file jointly but also must report his foreign earned income. You also are eligible for the foreign income exclusion taken on the Form 2555EZ. It sounds bad, but the exclusion form is the key and it will probably work out to be the best tax scenario for you. It's like you report his income converted to US dollars, then they figure what the US taxes would be on his foreign part and subtract that much tax back out because of the Income Exclusion. You should come out better than your other filing option Married Filing Separately.

Maybe your tax guy will give you a big discount for teaching him something. Publication 519, page 10 starting in the middle column and going to the last column tells you exactly what to include in the statement you both will sign.

Form 2555EZ

Form 255EZ instructions


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

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Filed: Other Country: Afghanistan
Timeline

If you send the statement where you "elect" for him to be a resident alien for tax purposes (for all of 2009), then you can file jointly but also must report his foreign earned income. You also are eligible for the foreign income exclusion taken on the Form 2555EZ. It sounds bad, but the exclusion form is the key and it will probably work out to be the best tax scenario for you. It's like you report his income converted to US dollars, then they figure what the US taxes would be on his foreign part and subtract that much tax back out because of the Income Exclusion. You should come out better than your other filing option Married Filing Separately.

Maybe your tax guy will give you a big discount for teaching him something. Publication 519, page 10 starting in the middle column and going to the last column tells you exactly what to include in the statement you both will sign.

Form 2555EZ

Form 255EZ instructions

You'll find you'll probably get a fat refund especially if he isn't over the limits in income for the 2555.

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Thanks so much guys!


K-1

12/23/08-Mailed I-129F (VT)

12/27/08-Package arrived (VT)

12/29/08-NOA1! Yay

07/07/09-NOA2 after 6.5 months!

07/11/09-Received hardcopy of NOA2

07/14/09-Received by NVC & got case#

07/16/09-NVC sent case to SDO

07/20/09-Case arrived as SDO

08/13/09-My honey got his packet!!!

10/05/09-Appointment-Approved but on AP :(

10/20/09-Out of AP!!!

10/24/09-Hello USA

11/21/09-Wedding

AOS

12/08/09-Mailed packet

12/10/09-Delivered

12/14/09-Check cashed

12/14/09-NOA1

12/31/09-RFE

01/13/10-Biometrics

02/04/10-Case Transferred to CSC

02/09/10-EAD approved

02/13/10-EAD received

03/05/10-I485 Approved!

event.png

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