I just need clarification on what I am reading in Pub 519 and TaxAct is telling me.
TaxACT is stating that all 3 items must be answered YES: legally adopted child or lawfully placed with taxpayer for legal adoption, taxpayer is citizen of US, the child has the same main home as the taxpayer and member of the household. Well I have to say no to adoption, cuz he is not adopting her. However he has supported her for over 5 years while she was in the Philippians.
US Taxpayer filed for his fiance to enter the US with a K-1 visa along with her daughter on a K-2 (9 years old). Spouse and the child entered the US from the Philippians on 12/14/2016 and then married 1 week later. The spouse has received her SS card, however the daughter cant receive hers until she is approved with USCIS for her resident card. Since K-2 holder was in US less than 31 days, she cant be claimed as a dependent child or qualifying relative.
thanks for your assistance
Wendy
TaxACT is stating that all 3 items must be answered YES: legally adopted child or lawfully placed with taxpayer for legal adoption, taxpayer is citizen of US, the child has the same main home as the taxpayer and member of the household. Well I have to say no to adoption, cuz he is not adopting her. However he has supported her for over 5 years while she was in the Philippians.
US Taxpayer filed for his fiance to enter the US with a K-1 visa along with her daughter on a K-2 (9 years old). Spouse and the child entered the US from the Philippians on 12/14/2016 and then married 1 week later. The spouse has received her SS card, however the daughter cant receive hers until she is approved with USCIS for her resident card. Since K-2 holder was in US less than 31 days, she cant be claimed as a dependent child or qualifying relative.
thanks for your assistance
Wendy