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Author: TMFExRO Big red star, 1000 posts Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: of 121434  
Subject: Re: Question from a non resident alien. Date: 12/16/2000 4:07 AM
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Hi! I am not an US citizen nor a legal permanent resident though the latter is under processing. I am
employed under a work visa and am not a citizen of Canada or Mexico. Can I claim my spouse (who is a homemaker) and my two children (who are in the US) as dependents and claim the deduction?


If they were in the U.S. as temporary or permanent residents at some time in 2000 they meet the Citizenship/Residency test. If the children meet the other tests for dependency, they qualify as your dependents. Details about all the tests are in IRS Publication 501.

Your spouse is not usually considered a dependent, but there are some strange rules for aliens. I suggest you look at Chapter 1 of IRS Publication 19.

Anyone who is going to be listed on your return needs an identifying number. Assuming that they don't yet qualify for SSN's, you'll need to get ITINs for them. You apply for these on Form W-7. You can download forms and pubs from http://www.irs.gov/forms_pubs/index.html.

TMF ExRO
Phil Marti
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