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Old 03-13-2013, 07:54 PM
27 posts, read 203,100 times
Reputation: 41


I am doing my tax return now. My wife's brother and his daughter have been living with us rent-free since July 2012. They are from China and seeking political asylum so they were not going to go back to China. Hence, he was not able to work and make money here. We provided all the living expenses etc. He and his daughter did get granted asylum and both got a social security number in Nov 2012.

I believe I can claim them as dependents. However...

His wife (she was in China) was sending money to his bank account, large sums of money for them to buy a house here in cash. I think at the end of 2012 the bank account had about $50k or more in it. And by last month, it had over $300k.

Will that have any bearing on me claiming them as dependents for 2012? Can the IRS see the amount of money in his bank account? I don't even think he's given his SS# to the bank yet as of today. So I think when the IRS looks up their SS# it will show they just got granted it in Nov 2012 and haven't made any money yet while in the US.

Please advise. Thanks.
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Old 03-13-2013, 09:29 PM
Location: Upper East, NY
1,145 posts, read 2,768,905 times
Reputation: 561
If they do not have a green card, they are not a US national, which is what is needed to be claimed as a dependent.

If they have not had asylum for a year, they cannot yet apply for a green card.

Therefore, they cannot be claimed as a dependent, yet.
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