In certain situations, you can claim your nonresident alien spouse as a dependent if they have no gross income and aren't a US citizen or resident. This allows you to use the head of household status. However, your spouse must have an ITIN, and you must provide over half of their support.
If you are a nonresident of the U.S., you cannot claim the standard deduction. However, students and business apprentices from India may be eligible to claim the standard deduction under Article 21 of the U.S.A.-India Income Tax Treaty.
An individual claimed as a dependent must be a citizen, national, or resident of the United States, or a resident of Canada or Mexico.
ITIN. An ITIN, or Individual Taxpayer Identification Number, is a tax processing number only available for certain nonresident and resident aliens, their spouses, and dependents who cannot get a Social Security Number (SSN). It is a 9-digit number, beginning with the number "9", formatted like an SSN (NNN-NN-NNNN).
Input code Q for each child that qualifies for a credit but is not a dependent on the return. Marking code Q will default to checking the box for Not qualified for Child Tax Credit. This is because the child must be claimed as a dependent to be eligible for the Child Tax Credit.
The relationship test: The child must be your son, daughter, stepchild, adopted child, or eligible foster child—or descendant (for example, a grandchild or great-grandchild). The child may also be a sibling, half-sibling, stepsibling, or their descendant (for example, nephew or niece).
But did you know you can claim adult dependents as well? In general, an adult that you can claim as a dependent on your tax return is either a full-time student under the age of 24, a person who is permanently and totally disabled, or a parent that you support and/or care for.