agentpeppermint

I am putting this here since we're in AOS processing... Taxes are coming and I have an issue.

My mother wants to claim my youngest on her taxes because we lived with her part of 2008. I don't have an issue with this, she's all ready agreed to not claim the older two because of other reasons, but she really wants to claim the youngest. I am looking at future immigration things like the i-751 etc.

If I let my mother claim my youngest, will this cause ANY problems in the future with immigration? I don't want them to look at my taxes and see that we didnt claim one of our sons and it raise a red flag...

Advice please? I don't want to tick my mother off but I want to make sure it's not going to be a problem in the future. Thanks!

agentpeppermint

also when i file my taxes this year, do I file married filing jointly or can i still claim head of household?

Since has nothing to claim etc...

jeffreyhy

ap,

Your filing status is based on your situation as of the last day of the tax year.

Joint or single as you wish, but you are married.

Regards, JEff

jeffreyhy

ap,

Whatever the tax law allows. I expect that more than "lived with" is required, but read the filing instructions for what constitutes a dependent or consult with a tax professional to be sure.

Regards, JEff

meauxna

"Separate"?

agentpeppermint

My biggest thing is, will immigration look at us not claiming the youngest on our taxes and have it raise a red flag... i will file married filing jointly since he has nothing to claim anyways.

Im just worried about immigration looking at us not claiming the baby and it causing an issue with the validity of our marriage.

jeffreyhy

Yes! Thank you.

jeffreyhy

ap,

You are 'thinking too much'. In any case, financial decisions should be guided by financial considerations, not by immigration considerations if the immigration considerations are financially detrimental.

If questioned, explain - your mother was entitled to the deduction under tax law, you were not. (You can't both be paying more than half of the child's support.)

Regards, JEff

agentpeppermint

as far as the baby, if I wanted to, I could claim him because she technically did not financially supprt him at all unless you consider us living in her house ( i paid to live there ) we were there until july 2009 I just want to make sure immigration isnt going to give us a hard time.
if they do i will just have to explain it to them when the time comes.

Noorah101

My belief is that all immigration cares about is that you file the tax return in the "married" category. They don't care about the (dependents or lack of them).

Rene

agentpeppermint

Thanks

Rete

No, they will not. The only issue is how you filed not the number of dependents you claimed.

Under what right does your mother have to claim one of your children as a dependent? Did she have legal custody of the child? Please have her check the IRS tax law on what constitutes a dependent.

Am I correct in assuming that she has no husband or other dependents and is using the child so that she can claim a higher deduction due to filing category then being "head of household"?

agentpeppermint

No, no legal custody, other than we lived with her ( which i paid her ) she has not legal rights to claim any of them. No husband, she claims my 19 yr old sister and my 3 yr old neice ( she does support them financially 100% ) Other than us, she has helped with the immigration stuff ( a LOT ). I suppose I am letting her claim the youngest one to help repay her.

It doesnt matter much to me that she's claiming him, its just 100$ difference on my refund.