Can my fiance gain automatic residency in my state if I claim her as a dependant on my 2007 return?

Question

She lives in NC now and is moving here to WI after we get married. Now, she goes to school but is transfering to my college. We don't want to pay out of state tutition but she doesn't want to wait too long either. Will filing her as a dependant on my 2007 return get her residency as long as we are married before Jan 1st 2008 and no one else claims her? Are there any legal implications I should be concerned about? Does it matter when in 2007 we get married even if its the last day of the year? And does anyone know if this will get her residency regarding college tuition for sure? Thanks.

Answer 1

It will not give her residency, as she has to reside in the state for 6 months.

However, as long as you get married this year you can claim her as a dependent.

Answer 2

If she didn't live with you ALL year in 2007, you can't claim her as a dependent. You can never claim a spouse as a dependent, but if you get married before the end of the year, even on 12/31, you and she can file a joint return.

For residency for tuition purposes, though, she'd have to claim and probably prove to the school that she had been a resident for the required period of time. She hasn't, so wouldn't be eligible yet for in state tuition.

Answer 3

No.

Generally speaking, she "must be a bona fide resident of Wisconsin for at least 12 months prior to enrollment to be eligible for in-state tuition." A tax return may be used to demonstrate residency only if she actually filed a return, not merely was claimed as a dependent, and only if it was a "return of a type that only full-year Wisconsin residents may file." Being claimed as a dependent by a Wisconsin resident will only allow a student to pay in-state tuition if the person who is claiming the student as a dependent either (a) is a parent of the student, or (b) relocated to Wisconsin for employment reasons, relating to employment obtained before becoming a student in Wisconsin.

I have read of a tuition reciprocity between MN and WI. If this is still in effect and she becomes a resident of either, she may be able to pay in-state tuition rates in both.

Answer 4

Side-stepping the issue of in-state tuition entirely as it was already properly covered by another reponse, you cannot claim her as your dependent if she does not live in your household ALL year. There are other requirements as well, such as having less than $3,400 in gross income for the year. I won't bore you with the rest -- look them up in IRS Pub 501 if you wish -- since she obviously doesn't live in your household if you're in WI and she's in NC.

And contrary to what "Landlord" has posted you won't claim her as a dependent even once you do get married. You never claim a spouse as a dependent. You can file a joint return and claim personal exemptions for each of you (and will usually pay less tax that way) but she'll never be your dependent for tax purposes as long as you are married.

Answer 5

Here are some ways to establish residency. Have her get a WI drivers license. Have her register to vote in WI and vote in the next election in. File a WI state tax return. Have your landlord list her as a tenant on your lease.