Income Tax Returns with Fiancee

[David & Kezia 25]

Hi!

My fiancee arrived here on Dec 30th, and I have been giving her money (during my visits) and sending her money for our K1 application and processing expenses. Can I claim for her on my income tax return as a qualified dependent?

[YuAndDan 153]

Can only file a joint IRS return if you married before Dec 31, if after, then Joint return would be filed next year.

And NO you cannot claim her as a "dependent"

[nickbits 43]

She is not a dependent. Even your spouse cannot be claimed as a dependent.

[CarlosAndSveta 808]

Hi!

My fiancee arrived here on Dec 30th, and I have been giving her money (during my visits) and sending her money for our K1 application and processing expenses. Can I claim for her on my income tax return as a qualified dependent?

This is from table 3-1 on page 25 of IRS Publication 17 - Your Federal Income Tax: "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." Your fiance does not fall in any of those categories so you can't claim her as a dependent.

[marriedtomrg 141]

She needs an SSN for her to be declared/included as your spouse on a joint return. If she doesn't have an SSN, then you must submit an ITIN application (IRS form W-7 with supporting documents) along with your return, which means you cannot file your taxes electronically....you'd have to mail it in (can't file of the ITIN in advance, the application has to be attached to your return) She also needs a letter/statement declaring that she wishes to be included on your return as a non-resident...something like that (we did the same thing last year). You can check the IRS website for more details.

Your other option is to file as married, but separately, then amend your return later (1040X I believe).

[marriedtomrg 141]

Sorry, I meant you need a statement declaring Kezia as a resident alien for tax purposes. The format is on the IRS website.

[CarlosAndSveta 808]

She needs an SSN for her to be declared/included as your spouse on a joint return. If she doesn't have an SSN, then you must submit an ITIN application (IRS form W-7 with supporting documents) along with your return, which means you cannot file your taxes electronically....you'd have to mail it in (can't file of the ITIN in advance, the application has to be attached to your return) She also needs a letter/statement declaring that she wishes to be included on your return as a non-resident...something like that (we did the same thing last year). You can check the IRS website for more details.

Your other option is to file as married, but separately, then amend your return later (1040X I believe).

This is all good information for somebody that was married at the end of 2010 but the OP was still unmarried at the end of 2010. If you look at their timeline they don't plan to get married until February 17th. The OP can not claim his fiance as a dependent on his 2010 tax return.