I got married on December 29th, 1998 to a man that is a citizen of Bahamas and applying for adjustment of status. He has a son that he supports there; he has never been married to his mother. Can we file married/jointly? And can we claim his son as a dependent?
Replying to rxpharmd's question "I got married on December 29th, 1998 to a man that is a citizen of Bahamas ... Can we file married/jointly? And can we claim his son as a dependent?"My experience is that I married a foreign citizen in a foreign country. The marriage is recognized by the US government, but this may be dependent on the relationship between the US and the country of the spouse. We file a joint return. This was based on the advice of our tax accountant (at a major professional accountant agency), which is only meant to say I feel fairly confident that it is legal for our situation. I don't know anything about what would happen with the child in your situation.Of course my situation is inherently different from yours, and the fact that we file jointly might not imply that you are able to.Hope that helps a little!JC
[[I got married on December 29th, 1998 to a man that is a citizen of Bahamas and applying for adjustment of status.]]Congratulations...I don't know exactly what an "adjustment of status" might be, but congrats anyway.[[ He has a son that he supports there; he has never been married to his mother. Can we file married/jointly? And can we claim his son as a dependent?]]From the very limited amount of information that you have provided, I would guess yes (assuming that your current state of residence recognizes your marriage as "legal"...but that's a state issue. You can read more about filing status and dependents in my post on those issues in the Taxes FAQ area. You might also want to check out IRS Publication 519 at the IRS web site for additional information on resident and/or non-resident aliens.TMF TaxesRoyWant to learn more about taxes and investing? Then we have a deal for you!! The Motley Fool Investment Tax Guide is now available through Fool Mart. Be the first one on your block to own this masterpiece. It'll help you with your 1998 taxes, and it's never to early to start planning for your 1999 taxes. So just click on this link (http://www.foolmart.com/market/product.asp?pfid=MF+013+I) to read more about this amazing collection of tax information. (Apologies for the shameless plug…but it is a pretty good book…if I do say so myself). In addition, if you would like to visit the Taxes FAQ (Frequently Asked Questions) area, click on http://www.fool.com/school/taxes/taxes.htm and you'll be right at the home page. Pay special attention to the "archives" section. Check it out. Finally, if you need to get to the IRS web site, click on http://www.irs.ustreas.gov to go directly there.
You can (if you wish) file a joint return. Check the publication 519, page 9. It says that if you are married at the end of the year and one of the spouses is a resident alien (I assume you are a citizen), you can CHOOSE to file as married filing jointly buy attaching a statement of that to your return. But remember, then you are both taxed on the worldwide income, which includes everething your husband made in the Bahamas. As far as his child, you have to follow the same support rules to qualify him/her as a dependent that described in an MF Taxes F.A.Q. area, with one caveat. Even if you can document childs qualifications as a dependent, you will need to get him a Social security number, and it is impossible if he is not in the country. So my guess is, you will have a very hard time establishing basis for a dependent child, but even then you will have immigration issues regarding his status.Congratulations on your marrige, and good lack with INS! You will need it. IRS will look so much better after you compare it with immigration service.
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