Can I Claim My Indian Parents on My US Tax Return?

Posted on: 02/10/12 220 Comments

 

It's difficult to claim foreign parents on a US tax return.

Make sure you meet all of the requirements before you try to claim your parents as dependents on your U.S. income tax return.

 

Claiming parents is difficult, but it can be done if you pass the “Qualifying Relative” tests. But first, here are the two biggies that tend to get in the way:

  1. You cannot claim a married person who files a joint return with his or her spouse. So if your parents file a joint tax return in the United States, then you won’t be able to claim them. (I’m guessing they don’t, but I wanted to make sure that I told you about that.)
  2. To claim someone as a dependent, the person must be a US citizen, US resident alien, US national or resident of Canada or Mexico. Where my clients have had trouble before is when their parents visit the US, but their visas are only for 6 months, no longer. Then they don’t qualify as US residents. I just wanted to make sure you knew about the 6 month rule because that’s the issue most likely to cause Indian families trouble with claiming their parents.  After that, the rules are the same for anyone else in America who wants to claim their parents on their US income tax return.  You need to pass the qualifying relative test.

 

 

The Qualifying Relative Test has 4 parts:

  1. They cannot be considered a qualifying child of anyone else. No problem! As your parents, I’m guessing they’re both over the age of 24. Easy pass.
  2. Member of household or relationship test. As your parents, they do not have to live with you. Also, since they are your parents, they automatically pass the relationship test. Easy pass.
  3. Gross income test. This one is harder. They cannot have more than than $4,050 in gross income for the year. If they are retired, they might qualify, but if they are receiving a taxable pension, that could kick them out of being a dependent. In the US, for example, my mother in law receives Social Security income which isn’t taxable and it doesn’t count as gross income. Her other income is less than $4,050 so she would pass the gross income test for me to claim her as a dependent. Remember, once your parents become US residents, they will be taxed on their “world wide income.”
  4. Support Test. In order to claim your parents as dependents, you must provide more than 1/2 of their support. Let’s say that your parents each earn $3,000 a year in some type of pension. For you to be able to claim them as dependents, you would have to pay more than $3,000 for support for each of them. For example, if they live with you, then you would consider part of your rent or mortgage to be towards their support. Also food, clothing, medical expenses, etc. If they don’t live with you, who is paying for their rent, food, clothing, etc.? Using my mother-in-law as an example again: although I pay some of her bills, I definitely don’t pay over 1/2 of her support. She pays for her food and rent with her Social Security money so I don’t come close to the 50% of her support.

 

If you do find that you qualify to claim your parents, then you would complete the W7 forms for them, so that they have an ITIN number, and submit them with your next tax return.  I find that the best way to handle the W7 form is to take your tax return in to the nearest IRS office with your supporting documents (like passports) and submit them there.  Although it might be inconvenient making the trip, it will save you a lot of hassle in the long run.

 

 

220 thoughts on “Can I Claim My Indian Parents on My US Tax Return?”

  2. My parents, mom over 70 and dad over 80, are green card holders with SS numbers. They have been living with us in US for since April, 2013. Only dad gets pension from State government in India of about $12-14K and no income in US. He files tax returns in India. We cover 100% of their living and medical expense. Can we claim them as our dependents in our tax return? Do they need to file a tax return as well?

  3. Hi Praveen,
    If you are filing a 1040NR, then you can’t claim your parents as dependents. Only on the regular 1040.
    You will have a very difficult time getting itin numbers for your parents if they are not in the country as you will need to send original passports. I hate doing that.

    I would wait until they are back in the US and go directly to an IRS office that is a W7 acceptance agent. That way, you keep the passports in your hands.

  4. Hi Meg,
    You asked a really good question, and I bet if you asked the same question to different preparers, you’d get different answers. Your situation is a little complicated. Here’s what I think.

    For 2013, you must file as a non-resident alien, because you were only in the US for 175 days.

    Now if you’ve been reading the directions about the 1040NR, you probably saw the part that says

    “residents of India who were students or business apprentices may claim an exemption for a spouse or a dependent”

    That’s why you’re thinking you might be able to claim your family. But you’re on an L1 Visa, you’re not a student or an apprentice. You’re an executive, so you are not covered by Article 21 of the US/India tax treaty.

    So in my opinion, I don’t believe that you can claim your family on your US tax return for 2013.

    That said, for 2014, if you stay, you’ll be able to file as a US resident. You won’t claim your wife as a dependent, but will file as married fling jointly (it’s a much more favorable tax status) and you will be able to claim the children too, assuming they also remain in the US. You’ll have to get ITINs for them, but you’ll get those with filing the tax return.

  5. Here is my situation. I have been employed by an engineering firm since jan 14 2013. I was on f1 opt visa from jan 1st 2013 to sept 30th 2013. From oct 1st 2013 to dec 31st, i have been on h1b visa. My parents were in the United States on b2 tourist visa between jan 1st to jan 15 and later they came again between July to December. My dad is retired in india and my mom is a housewife. They pass the substantial presence test. Their gross income each for 2013 is less than 3000$. I supported all their needs from my income during their stay. They’re qualifying relatives. Now coming to the point, I had originally used turbo tax to do my tax returns and even got my refund back from irs. But then I later realized that I need to fill up the 1040nr form. So I am just done filling up the amendment form and the 1040nr. I wanted to claim my parents as dependents while making the tax amendment. However, they don’t have their itin numbers. I am planning to go to my local IRS office Which offers itin and w7 related services. Will my case succeed in procuring itin numbers from IRS or do you see any problems in it? Pls advice.

  6. I am on L1 visa and came to US from INDIA in July 2013. So I was in US for around 175 days in 2013. My wife and 3 kids came in sept 2013? My wife has SSN but my kids dont have SSN? So my 2013 tax return would be 1040NR right? can i claim my spouse as a dependent? Can i also claim my 3 kids as dependent and apply for the ITIN? can I get child tax credit for 3 kids?

  8. Hi Praveen,
    Congratulations on your marriage.

    Here’s some thoughts for you.

    You may claim “married filing jointly” on your tax return, but remember that the US taxes world wide income on your US tax return. If you wife has income in India and you put her on your US return, her Indian income will be taxed.

    If she is not in the country, she can make an election to be taxed as a US resident, even though she isn’t one yet.

    You will want to wait to file for her ITIN until she is here in the US and can apply in person. If you are expecting a refund, you might wish to file as married filing separately for now, and then amend once she come here.

    You cannot claim her as a dependent–she is your wife. That gives you the married filing jointly tax rate (which is better) and you also get her exemption (like if she was a dependent). I realize that’s just a technicality, just wanted to make sure you knew that though.

  9. Hi Jan,

    Thanks for being a diligent responder to the various queries that folks have had. My query may be similar to some above, however I’m not sure if any particular one matched mine.
    I have been in the US for almost 13yrs now, currently on an H1B and a resident for tax purposes. I got married in the Summer of 2013. However my wife only joined me (on an H4) in the US in Jan 2014.
    She doesn’t have an SSN and I’ll be applying for an ITIN for her.

    Q1: Can I claim my wife as a dependent for 2013 even though she was not present in the country?
    Q2: Should I file a joint tax return?
    Q3: Should I avail the services of a Tax Pro or can I use on-line services to prepare my returns like I have done in the past? (They have never been complicated at all!)

    Thanks,
    -P

  11. Hi Jan,
    My mom is a green card holder with no income at all. She stayed with me from Oct. 1, 2012 through Oct. 2, 2013. I supported her 100%. Can I claim her for my dependent? Thank you.

  13. Hi Mouli,
    I’m sorry I missed your other question. No, you may not claim your child for 2012 as he was not in the US and he is not a citizen. Sorry.

  14. Hi Sat,
    First, remember that the United States taxes your worldwide income–so remember that you will need to report the income that you earned in India in addition to your US income. You will get a tax credit for the taxes that you paid on your Indian income, so you’re going to need to prepare the form 1116 with your tax return.

    You may file jointly with your wife if she makes the election to be treated as a US resident for tax purposes. Once again, remember that the US taxes worldwide income–so you might want to consider if she had income in India before coming to the United States before deciding to file jointly.

    But if you chose to file jointly, and claim your children, you will need to file the W7 forms and get ITINs for them all.

    You may not claim day care expenses as your wife is not working (sorry.)
    You may not claim school expenses on the federal return, but some states allow you to claim school expenses on the state returns. You’ll have to check the local rules about that. (We don’t allow that on the Missouri return.)

    I have been including mortgage interest on homes in India as a deduction. I was working on an audit and the IRS allowed the mortgage interest deduction on an Indian home so I feel confident that it is allowed.

    One more thing to think about–you’re on an L1 visa, which is temporary. Are you at a temporary job location? If a job is expected to have you in one place for less than a year, there are a number of employee business expenses that you may be able to deduct on form 2106. You would not be allowed those same deductions if your job was to last for over a year. I just thought I’d mention it because of the L1 Visa.

  15. Hi Jan,
    I am on L1A and in US from June2012 along with my Wife and kids(6yrs and 1yr old).My wife is not working.

    1.Are my kids are eligible for the ITIN and shall i include them as dependents for 2013 returns?If means what are the supportive proofs i need to submit along with W7?
    2.Shall i include the school expenses or day care exepenses for the returns?
    3.Shall i include the mortage loan paid for my home in india for the deduction?

    Would appreciate your guidance on the same.

  16. Thanks for your response . My child is born outside USA and neither a US citizen nor a resedient in 2012( not in USA in 2012) So still I can claim him as dependent for 2012 ?

  18. thanks for your advice!!! am so happy that you answer my question. Yes I wlil claim her as my dependent, i did a lot of shopping for her when she came here for her clothing and travels. And my tax preparer told me the worksheet 3-1 “Worksheet for Determining Support” is for my file only, I don’t have to give it to my tax preparer. I have some of the receipts of my remittances to her and i’ll keep it just in case i got audited 🙂

    again thanks and more power to you!

  19. Hi Mouli,
    Yes, you may claim your child on your tax return for 2012. Even if your child was born on December 31st, you child counts as having lived with you for the entire year.

  20. Hi,

    I am on H1B and in Aug,2012 I had my baby in India and my baby joined me in US on May 2013 , So I didnt claim my kid as dependent on 2012 returns but doing it on my 2013 returns. But recently got this information from IRS site

    “A child who was born during the year is treated as having lived with you more than half of the year”

    So can I claim my son as dependent for 2012 ? if yes filling Amended Tax Return for 2012 after getting him the ITIN number this year will be possible ?

  21. Hi Gracee,
    Your situation is a little different. Your mother is a green card holder, so even though she is out of the country, she is considered to be a US resident.

    You do not include your mother’s income on your return, but her income has be less than $3,900 USD. So you’re going to convert her pesos to US dollars to see if she makes less than $3,900 American income. If she makes more than that, then you can’t claim her as a dependent.

  23. Hi,

    My mother is a green card holder. After i petitioned her she only stay here California for 1 month but i still continue to support her but she will be back soon again, I want to file her as one of my dependent. My question is that looking at the IRS worksheet for Determining Support, I nee dot include amy mother’s gross income but it she works as bookkeeper in the Philippines, should i convert her income from peso to dollar?

  24. Just to add.. I am an Indian and my parents are Indian parents of course. Please help me on this situation to understand what is right.

  25. Hi, let me begin by saying a BIG thanks for your I sights and clear answers to everyone’s question. That was quite useful. I have a slightly different situation.

    I am on H1 Visa and I have my parents staying with me in US from oct-1-2013 till Mar-31-2014. This comes to 182 days in total. They do not have any income and I’m totally supporting them in all the expenses. Can I still claim them as dependants on my tax return. They are in tourist visa and they cannot stay more than 182 days total on this visit. Can you please clarify. I spoke to a tax consultant and she says I can still claim this year. Another consultant says 182 days is okay to qualify, but I have to claim in 2014 returns next year only. I’m not sure what is accurate. Can you p,ease clarify me on this. It is highly appreciated.

  26. Hi Live22,
    You need to read this post: http://robergtaxsolutions.com/2012/01/can-my-boyfriend-claim-my-child-by-a-different-father-on-his-tax-return-for-the-earned-income-credit/

    Your boyfriend can get into a lot of trouble claiming your son on his taxes. But let’s say he passes all the rules and it’s okay for him to claim your son for an exemption, he still can’t get a child tax credit for him.

    The best way to determine if your boyfriend can claim you as a dependent is to use the IRS Tax Assistant. Here’s a link: http://apps.irs.gov/app/ita/app/investigate.action?screenId=s1%40TLC_Dependents_Development_Screens_DEPLanding_xint&ts=1391046887856&ita=Dependents&factId=Dependents&entity=global&screenEntityInstanceName=global&itascreenid=Who+Can+I+Claim+as+a+Dependent%3F-s1%40TLC_Dependents_Development_Screens_DEPLanding_xint&screenEntity=global&entityInstanceName=global

    (I know, that’s really long.)

    Answer the questions honestly. If you answer honestly and the result is yes, then you can let him claim you with confidence. If the answer is no–don’t let him claim you.

    You can run through the program again to see if he can claim your son. Remember, even if he can claim your son as a dependent, he still can’t get the child tax credit for him. He can’t get the Earned Income Tax Credit either.

  27. Hi my boyfriend is a USA citizen if he claims me and my son on his taxes do we get a tax credit with our itin numbers?

  28. Hi Kaivalya,
    Your spouse and child are in India, can you claim them. First, about your child–no, you can’t claim your son. Here is a link to the IRS website about claiming a dependent: http://apps.irs.gov/app/ita/app/investigate.action?screenId=s1%40TLC_Dependents_Development_Screens_DEPLanding_xint&ts=1390852607191&ita=Dependents&factId=Dependents&entity=global&screenEntityInstanceName=global&itascreenid=Who+Can+I+Claim+as+a+Dependent%3F-s1%40TLC_Dependents_Development_Screens_DEPLanding_xint&screenEntity=global&entityInstanceName=global

    It’s the IRS, that’s a huge link. Sorry.

    Okay, about your wife–you could possibly claim her if you had an ITIN for her, but she would have to make an election to be treated as a US resident for tax purposes. Then you’ve have to get the ITIN and that could be problematic for you. The IRS wants her original passport and they want you to mail it and they’ll hold it for 60 days–Yowza! So you might just want to file as married filing jointly.

    Because you’re in the US for 11 months, you may file as a US resident. If you had income in India–that’s taxable to the US–but the US gives a credit for taxes paid to another country so that should wash.

    Since you were here for 11 months–was your assignment temporary? I ask because if the assignment was for a year or less, then you can deduct your temporary living expenses–makes for a nice deduction and would probably work out better for you than claiming an exemption.

    You may be able to claim mortage interest expense on your Indian home as a deduction. I’ve found nothing to disallow that here. Other than that, there aren’t many expenses in India that you can write off in the US. Sorry.

  29. Hi Jan,
    This is a fantastic article & a nice bunch of guidance comments from you. Thanks for this.

    I’ve a little different situation. I’m on H1B & in US for 11 months. My spouse & son are back in India for this whole time. Is it possible to claim the expenses towards family maintenance in India in my US Tax return? (My wife & son have no annual income & are fully dependent upon me).
    1.They without entering in US or with no US visa, can I apply for their ITIN?
    2.If I have to claim them as dependents, should I be filing as Head of household?

    It’s quite confusing for me.

    Many thanks,
    Kaivalya

  31. Hello Jan,

    Thanks for your article, there is so much information out there that its more often than not overwhelming.
    And I see many of the questions asked above can be answered by reading your article again :).
    Appreciate your patience.
    I have a question to clarify of my own.

    You mentioned 183 calender days in a year(they dnt have to be a continuous stay).

    My Mom stayed with me from
    Jan1 2012 – Feb2 2012 — 32 days
    Jul22 2012 – Dec31 2012 –162 days

    Total of 194 days.

    1. Can I claim her as dependent and for which year.
    2. Should i do a tax amendment to the year 2013 returns and file for a refund. 3. Which form should I fill. 1040NR?

    Thanks
    Mahesh

  32. Hi Sc, You have an interesting point, although on the flip side, I believe that immigration reform would generate billions of dollars in additional US revenue. So good immigration reforms and revenue generation should be on the same side. But it doesn’t always feel that way.

  33. Unfortunately in the US, immigration and its related activities have become more of revenue generation machine rather than focusing on good immigration reforms and advancing the cause.

  34. Hi Jani,
    That’s a good question. Unfortunately, the answer is no, you may not claim your mom for 2014. The 6 months all have to be in the same tax year. I’m sorry.

  35. Hello Jan,

    I have been searching for a while to find the good blog/source on claiming non-resident aliens on tax deductions. I am really impressed with your answers. i know you answered multiple times but you have to answer me again 🙂

    My mom is a India citizen and she visited me in July 2011 – Oct 2011(106 days) while filing 2011 taxes tax consultant claimed my mom as dependent and i got the refund, but while filing 2012 taxes i was realized that i shouldn’t be claiming my MOM as a dependent because she was in US less than 183 days, so i filed 1040X and paid the money back to IRS.

    Now my question is my mom coming again in March 2014 and she will stay with me for next 4 months, so can i claim her as a dependent in 2014 tax filing? because if i include 2011 & 2014 she is here more than 183 days. So please suggest

  36. Hi Narayan,
    I have a dear friend who would make the exact same argument that you’ve made. And I see your point, but the IRS will argue that the wording of the IRS publication comes second to Internal Revenue Code. IRS publications are supposed to use “easier” language, and IRC regulations are more precise.

    I’ve had a few battles with the IRS over wording in some of their documents. (I only won two, lost the rest.) The final determination will always be the IRC.

    That said, the IRS publication that carries the most weight is the Pub 17. On page 22 it talks about dependency rules: http://www.irs.gov/pub/irs-pdf/p17.pdf
    It doesn’t say generally–it’s just there.

    If you call the IRS and ask them who can be claimed as a dependent, they will use this questionaire guideline: http://www.irs.gov/uac/Who-Can-I-Claim-as-a-Dependent%3F

    That will tell you that no, you can’t claim your parents if they are not US citizens or residents and they are living outside of the the US.

  37. Hi Jan
    I will greatly appreciate your feedback on this issue that I believe has been covered so many times, yet it eludes me when I read the Publication 501 (see for year 2013)

    Now Page 11 of this publication itemizes 3 conditions that qualifying relative or qualifying child must meet to be claimed as a dependent and one of those items is “Citizen or resident test”.

    The Citizen and resident test uses the phrase “You generally 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. However, there is an ex­
    ception for certain adopted children, as ex­plained next”

    The word generally renders the scope of that condition open to beyond what has been explicitly stated. The exception for adopted children can very well be documented without the use of the word “generally”. So I believe as long as a person meets the requirements of a qualifying relative (4 tests on page 18), they can be treated as a dependent.

    More specifically, I don’t see anywhere in the IRS publication a requirement that a qualifying relative must be a US Citizen, resident alien or a resident of Canada or Mexico stated explicitly.

    Could you kindly comment?

    Sincerely
    Narayan

  38. Hi Prem,
    It has become much more difficult to obtain an ITIN number for a spouse these days. We’ll talk about that in a minute, but I have one other item to discuss with you first.

    If you are here in the US and your wife is in India, you may prefer to file separately. Here’s why–the United States taxes world wide income. If you file your return as married filing jointly–then your US return would also tax your wife’s income in India. Now, if she has no income–that’s not a problem for you. But I wanted you to know about that.

    So, let’s say you still want to file jointly. I’m assuming that you have been in the US long enough to file as a US resident. File your return as married filing separate, then you’ll want to file an amended return claiming married filing jointly and applying for her ITIN with the W7.

    This will not be easy. The instructions say that you can apply for an ITIN with a certified copy of the passport–I had clients do that and the certified copy of the passport was rejected.

    If your wife comes to the US, you do not want to send an original passport to the IRS. Although they insist they send things back–I feel it is too risky. There is no paper trail or documentation to let you know where your passport is. You will want to go in person to a certified IRS acceptance agent. Right now, we don’t have one in Missouri. I had to send one of my clients to Chicago (a 5 hour drive away from here.)

    Some states that have higher immigrant populations have more acceptance agents. (I think most IRS offices in New Jersey accept W7s.) It all depends upon where you are.

    If you look up W7 acceptance agents on the IRS website–make sure you call them first to make sure they really can accept a W7. I know for a fact that some of the offices on the list in my city no longer handle W7s. Why they haven’t been removed from the web-site is a mystery to me.

    You will have three years to amend your tax return and put your wife on there as your spouse. After the three years, it will be too late to make the change. But at least by filing your return as married filing separately–you’ll at least have filed a return.

  39. I got married to Indian citizen. I am in USA on H1b visa and She has got her H4 visa issued in India. However she has not been able to come to USA . When I file tax return,If I file as “married filing jointly” or “head of the household”, I will need to provide her ITIN number.(I already have SSN). Since She is not in USA and can not send her passport, I can not apply for ITIN number when i file tax return. If I file as “married filing separately”, I end up paying higher tax . In your view, what is best way for me ?

  40. Hi Rajeev,
    Welcome to America. Okay let me sort this out. First, you are here on an H1 Visa. You may choose to file taxes as a US resident. You may also choose to file taxes as a “dual status alien”. You will want to pick whichever is best for you.

    If you chose to file as a US resident–the United States taxes your world wide income–so all of your income in India would also be taxable to the United States. You would get a credit for the taxes you paid to India though.

    For some people, it makes sense to just be taxed as a US resident–for others, not. So I thought I should point that out.

    Often, workers from India come to the US and go to a “store front” tax office where the employees aren’t trained in things like dual status alien returns. They just file a tax return with the US income and forget about India, it can come back to haunt you later. I just wanted you to have a heads up on that. (In the old days, hardly anyone ever got an IRS notice about it, now the IRS is being much more aggressive about their money so you don’t want to make a mistake.)

    If you chose to file as a “resident” you may want to file as “married filing jointly”. This makes sense if your wife had little or no income while she was in India. Because she is your wife, she may elect to be treated as a US resident for income tax purposes and it doesn’t really matter that she did not arrive here until August.

    For your wife be taxed as a US resident, you will need to attach a statement to your tax return. This is from the IRS publication:

    Attach a statement, signed by both spouses, to your joint return for the first tax year for which the choice applies. It should contain the following information.

    •A declaration that one spouse was a nonresident alien and the other spouse a U.S. citizen or resident alien on the last day of your tax year, and that you choose to be treated as U.S. residents for the entire tax year.

    •The name, address, and identification number of each spouse

    So you, Rajeev, would be the non-resident alien because you qualify, the your wife is the one choosing to be treated as a US resident for tax purposes.

    Your children won’t qualify until 2014. That said, you’ll need to obtain Taxpayer Identification numbers for your children. That’s a whole different story and the IRS has cracked down on those tremendously because of fraud (not you–but bad people did a scam with ITIN numbers so now you’re going to have a more difficult time getting numbers for your children. Just a warning.)

    Sorry for such a long answer.

  41. Hi,
    I am on H1 visa and came to USA on 7th April but my wife and kids joined me on 26th August. Will i be able to claim deductions for my wife and kids as dependants?

    Thank you

  42. Hi Jacob,
    Being Canadian, your parents do not have to be in the United States for over 6 months. But here’s the catch–they still have to meet all the other requirements–they can’t earn over $3800 apiece, they can’t have provided more than half of their own support, YOU must have provided over half of their support, etc. This is a really tough standard to meet.
    The IRS webpage actually has an interactive questionnaire about claiming dependents. You can use it to help you decide if you really can claim your parents or not. Here’s the link: http://apps.irs.gov/app/ita/app/review.page?screenId=s87%40Shared_Screens_IPARQuestions_xint&ts=1382640339164&ita=Dependents&factId=Dependents&returnScreen=&itascreenid=Summary&entity=global&screenEntityInstanceName=instance1382640188141&framed=false&screenEntity=the_person&entityInstanceName=global

    Okay, that’s a huge link. But it’s a good resource.

  43. Hi. I am on TN Visa and I am Canadian. My Parents are Canadian as well. Can I claim them as a dependent? My parents do visit me but under 6 months a year and as a visitor. Thank you.

  44. Hi Nikita,
    It looks like your clearly support your parents, but because they live in India for 11 months of the year, you can’t claim them on your US tax return. Sorry.

  45. Hi Ann,
    It sounds like you would be able to claim your mother in 2013. If she doesn’t have a social security number by time you file your taxes, you’ll need to get her an ITIN number which you’ll request with a W7 form along with your tax return.

  46. Hi Sushma,
    Claiming your daughter is different than claiming your parents. She is your child and she is a US citizen, you may claim her as a dependent on your tax return. The only reason she is not with you is because of medical reasons and that is an exception to her having to live with you.
    You will not be able to claim her pre-K expenses as a tax deduction though. Sorry. I do hope she is better soon. Good luck.

  47. In my question above, forgot to add my parents do not have any US income and have not filed a US Tax return since they received their green card.

  48. Hello

    My parents received a green card through my Uncle 3 years ago. They visit me for 1 month each year and live in India for the rest of the year. I do support them for aout 50% of their needs. Their income in India is about $400 a month and they support my older sister (she does not have a green card) with special needs. Not sure if my status chnages anything, but I am on EAD, awaiting my green card.
    Can I claim my parents as dependents even though they stay with me for a month only every year. They cannot move to the US till my older sister recieves a green card. I send about 20k dollars per year to India in order to support family.

    Thanks much
    Nikita

  49. Hi Jan. My mom came here in the US Aug 2012 on a tourist visa. Early Feb 2013 we initiated her green card application. So far, she just had gone through fingerprints. Pretty much, we are still waiting for her green card status.

    Now my question is, can I claim her as my dependent for 2013 taxes? She doesn’t have her SS num yet because her green card application is still in progress.

    She stayed in my house and me & my husband completely supported her.

    Thank you so much for all the info you shared here on your website.

  50. Hello,

    My husband and I are green card holders and we have a daughter, who is a US citizen. She is 4 yrs old and is in India now, due to medical reasons.

    She was with us 4 months in 2012 and went to a daycare here in USA. Then moved to India and is attending pre-kg there. Can we claim her as a dependednt ? Also can we claim her Indian pre-kg expenses ?

    Please let me know. Thanks in advance.

    You are really helping many people here by responding to their queries. Really appreciate your time and help.

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