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  1. #1
    piyushthakkar is offline Junior Member
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    Mar 2012
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    Claiming F1 visa holder as Dependent on H1B visa holder's Tax Return

    What is the name of your state (only U.S. law)?
    California.

    I am on H1B visa, my wife in on H4 visa (dependent on me). I claimed her as dependent on me for 2011 Tax returns and saved some money. She is planing to move to F1 visa for education. Hopefully, she will be on F1 visa in couple of months. So, when I file 2012 Taxes next year,

    1) Can I claims her as dependent and save some money too?
    2) Will her earning any income on F1 visa affect my and her's tax benefits?
    3) Can I claim her as dependent on 2012 tax return and save same amount of money?(What if she is earning and/or not earning)
  2. #2
    davew128 is offline Senior Member
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    Nov 2007
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    5,074
    Quote Originally Posted by piyushthakkar View Post
    I am on H1B visa, my wife in on H4 visa (dependent on me). I claimed her as dependent on me for 2011 Tax returns and saved some money.
    She is not your dependent. You (and her) are considered a resident and as such, your filing status is married.

    1) Can I claims her as dependent and save some money too?
    No, she is not your dependent.
    2) Will her earning any income on F1 visa affect my and her's tax benefits?
    What tax benefits are you referring to?
    3) Can I claim her as dependent on 2012 tax return and save same amount of money?(What if she is earning and/or not earning)
    For the third time, NO.
  3. #3
    LdiJ is online now Senior Member
    Join Date
    May 2004
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    66,114
    Quote Originally Posted by piyushthakkar View Post
    What is the name of your state (only U.S. law)?
    California.

    I am on H1B visa, my wife in on H4 visa (dependent on me). I claimed her as dependent on me for 2011 Tax returns and saved some money. She is planing to move to F1 visa for education. Hopefully, she will be on F1 visa in couple of months. So, when I file 2012 Taxes next year,

    1) Can I claims her as dependent and save some money too?
    2) Will her earning any income on F1 visa affect my and her's tax benefits?
    3) Can I claim her as dependent on 2012 tax return and save same amount of money?(What if she is earning and/or not earning)
    No one can claim their wife or husband as a dependent. You can file a joint return with your wife and be able to use her exemption, but you cannot claim her as a dependent. What filing status did you use?

    In any case, you can still file a joint return with her no matter what visa status she has.

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