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June 4, 2019
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Do I choose US Citizen/Legal Resident if my dependents are not considered legal residents but live in the US?

  • June 4, 2019
  • 3 replies
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It seems weird that there are only two options and if you choose "non of the above" option it will say they do not qualify as dependents but I know they do!
Best answer by KarenJ2

In order to claim your children as dependents, they must be a US citizen or resident or a resident of Canada or Mexico.

In order for them to be considered a resident, they will have to meet the substantial presence test or be a green card holder.   This is the same test for everyone to be a resident of the US unless they are exempt under certain visas. Please see the following:

Use the following calculation for the substantial presence test, count all the days of 2017 that they were in the US, count 1/3 of the days they were in the US in 2016 and count 1/6 of the days they were in the US in 2015.  If the days add up to 183 US days or more, then they are a US resident for tax purposes.  


3 replies

June 4, 2019
What form are you trying to complete?
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JO1784Author
June 4, 2019
Is in the part where you answer questions about your dependents.
KarenJ2Answer
June 4, 2019

In order to claim your children as dependents, they must be a US citizen or resident or a resident of Canada or Mexico.

In order for them to be considered a resident, they will have to meet the substantial presence test or be a green card holder.   This is the same test for everyone to be a resident of the US unless they are exempt under certain visas. Please see the following:

Use the following calculation for the substantial presence test, count all the days of 2017 that they were in the US, count 1/3 of the days they were in the US in 2016 and count 1/6 of the days they were in the US in 2015.  If the days add up to 183 US days or more, then they are a US resident for tax purposes.  


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