itonewbie
Level 15

@HOPE2 wrote:
Does the dependent child have any income that may otherwise fall within US tax net?  If not, I wouldn't file a F.8843.:     No , child did not have income. I found this today: UNIVERSITY OF CALIFORNIA, BERKELEY, 

I thought you mean you found out today that the child was enrolled in UC, Berkeley.


@HOPE2 wrote:

All international students, scholars and their dependents including spouses and children present in the U.S. under F-1, F-2, J-1, or J-2 nonimmigrant status regardless of an individual's age, who are nonresidents for tax purposes, must file Form 8843. It means should file for 5 years child form 8843.


Don't disagree with it.  That's most prudent.  No question this should be filed for the J-1 visa holder and the J-2 visa holder with EAD.  Then take a look also at the penalty provisions on the filing instructions for F.8843, which is consistent with §301.7701(b)-8(d), and consider whether you would still want to file for a dependent child of 5 years old.

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Still an AllStar