Children and IRS tax return
Is there a consequence to not listing my 2-year-old daughter on a tax return if she became a permanent resident at the age of 18 months? She doesn't have an SSN.
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Re: Children and IRS tax return
Not claiming a dependent means you pay more in income taxes otherwise no consequences that I am aware of.
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Re: Children and IRS tax return
Originally Posted by destone
(Post 13149181)
Is there a consequence to not listing my 2-year-old daughter on a tax return if she became a permanent resident at the age of 18 months? She doesn't have an SSN.
Do your file MFJ? If not only one person can claim a dependent. You had said earlier your wife and child left CA: “
if they did not move back they would not be PR’s or US tax resident anymore. https://britishexpats.com/forum/usa-.../#post13094889 |
Re: Children and IRS tax return
Originally Posted by tht
(Post 13149410)
Is she living in the USA still full time?
Do your file MFJ? If not only one person can claim a dependent. You had said earlier your wife and child left CA: “
if they did not move back they would not be PR’s or US tax resident anymore. https://britishexpats.com/forum/usa-.../#post13094889 Yes, we filed MFJ for 2020 and 2021 but our daughter was not listed as dependent. Will there be any consequence if my ex-wife doesn't surrender my daughter's GC to the US authorities? Including IRS tax implication for her? |
Re: Children and IRS tax return
Originally Posted by destone
(Post 13149422)
They have not moved back to the US but they also have not surrendered their GCs to the US authorities.
Yes, we filed MFJ for 2020 and 2021 but our daughter was not listed as dependent. Will there be any consequence if my ex-wife doesn't surrender my daughter's GC to the US authorities? Including IRS tax implication for her? But it does not sound like your daughter is a resident anymore, and maybe never was if the green card was received after they left and they have not returned. |
Re: Children and IRS tax return
Originally Posted by destone
(Post 13149422)
..... Will there be any consequence if my ex-wife doesn't surrender my daughter's GC to the US authorities? Including IRS tax implication for her?
If you're not claiming anything in respect of your daughter there is no consequence of her having a green card and it not being used, nor if the physical card isn't returned - lots of people lose them, or leave the US with them and never return, and it's no big deal. The only thing you might want to consider getting legal advice over, if you're interested in doing so, is whether, and how it might be possible to retain your daughter's permanent residence rights as she was removed from the US involuntarily by her mother. |
Re: Children and IRS tax return
Originally Posted by Pulaski
(Post 13149616)
No.
If you're not claiming anything in respect of your daughter there is no consequence of her having a green card and it not being used, nor if the physical card isn't returned - lots of people lose them, or leave the US with them and never return, and it's no big deal. The only thing you might want to consider getting legal advice over, if you're interested in doing so, is whether, and how it might be possible to retain your daughter's permanent residence rights as she was removed from the US involuntarily by her mother. In OP’s case assuming he remains here and Naturalizes to become a USC would his daughter not either become one automatically or be able to apply anyway, so trying to retain an option on LPR may be a waste of money now if it won’t be used. |
Re: Children and IRS tax return
So my reading of the thread is that she's been out of the USA for over 1 year. Her Green Card is basically considered abandoned by the US authorities, regardless of whether her physical card has been surrendered or not. If she was to return to the US with the green card, it may be seized at the border and she is told she can no longer use it. As Pulaski noted, if she wants to maintain it, you need to get some advice on how to do so (and fast I would say) but generally after a year of not being "in residence," the US authorities consider your permanent "residency" to be abandoned (with a few exceptions).
https://cliniclegal.org/resources/ab...-how-cure-them |
Re: Children and IRS tax return
Originally Posted by penguinsix
(Post 13150017)
So my reading of the thread is that she's been out of the USA for over 1 year. Her Green Card is basically considered abandoned by the US authorities, regardless of whether her physical card has been surrendered or not. ...
.... If she was to return to the US with the green card, it may be seized at the border and she is told she can no longer use it. ... |
Re: Children and IRS tax return
Thanks, All, for your feedback.
Am I reading the Bulletin right in that a GCH has no wait-time to sponsor their unmarried under-21 children (F2A category), while a USC does (F1 category); in fact as it stands today, it is eight years (01DEC14 is shown as the Final Action date for F1)? And so if my daughter does lose her GC status, and I become a USC before she turns 18 (UK legal age), we would probably have to wait till she turns 26 before she is granted an immigrant visa? |
Re: Children and IRS tax return
Originally Posted by destone
(Post 13150738)
Thanks, All, for your feedback.
Am I reading the Bulletin right in that a GCH has no wait-time to sponsor their unmarried under-21 children (F2A category), while a USC does (F1 category); in fact as it stands today, it is eight years (01DEC14 is shown as the Final Action date for F1)? And so if my daughter does lose her GC status, and I become a USC before she turns 18 (UK legal age), we would probably have to wait till she turns 26 before she is granted an immigrant visa? The UK legal age is not relevant to US immigration. Do you mean the age at which she could decide to move back and her mother could not stop her? |
Re: Children and IRS tax return
Originally Posted by destone
(Post 13150738)
Thanks, All, for your feedback.
Am I reading the Bulletin right in that a GCH has no wait-time to sponsor their unmarried under-21 children (F2A category), while a USC does (F1 category); in fact as it stands today, it is eight years (01DEC14 is shown as the Final Action date for F1)? And so if my daughter does lose her GC status, and I become a USC before she turns 18 (UK legal age), we would probably have to wait till she turns 26 before she is granted an immigrant visa? |
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