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Old 01-15-2014, 05:55 PM
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Tax filing status

Hi

I came to US on H1b visa on October 1st 2013
My wife will be coming on H4 visa on Jan 30th 2014
My wife has worked in US in 2007 on an H1b and has a SSN issued in her name
She left US in Jan 2008 and not come back till now

What is my tax filing status?
do i file single
or file married filing separately
or file as married filing jointly ( and use her SSN for taxes)

Thanks



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Old 01-15-2014, 06:41 PM
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Join Date: Oct 2010
Posts: 5,219
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Originally Posted by vijrams View Post


What is my tax filing status?
do i file single
or file married filing separately
or file as married filing jointly ( and use her SSN for taxes)

Thanks
I guess your spouse’s visa, h1b, is valid until the expired date on her visa, not when she enters the US.so she is no longer a US resident for tax purposes I GUESS. if it is issued 2007 most likely it will be valid till 2009.you need some help from an immigrant attorney for sure.however, since you came to the US in oct 1 2013 (or any other day after July 1st), you are a non-resident alien as you do not meet the substantial presence test.As a non-resident alien you cannot file as married filing jointly. You would file form 1040NR or 1040NR-EZ as married filing separately. However, since you are married, you have some other options.You can wait until you meet the substantial presence test in 2014. Then you can apply the so-called first year choice which would allow you to be treated as residnet alien starting the day you entered the US. That would make you a dual status alien.However, since you are a residnet alien towards the end of the year using this choice, you can then choose to be treated as resident alien for the entire year together with your spouse and you will need to file as married filing jointly. If you choose to do this, you need to add a statement to your return making these choices.You will also have to report worldwide income for both of you for the entire year. Your wife might be able to use the foreign earned income esclusion and you can also use the foreign paid tax credit and your foreign income and any non-escluded income form your spouse.Your spouse will not have to apply for an ITIN Once she has an SSN it is hers for life, it never expires. It will be valid for her to use for banking, taxes, employment, anything you need it for;ONLY Ifshe does not currently have a SSN and is not currently eligible for an SSN (i.e. she does not have employment), she will need to apply for an ITIN in order to facilitate payment to file your U.S. Income Taxes. If you are from a country that allows you to claim a dependent(s) and your dependent does not currently have an SSN or is not eligible for an SSN, your dependent will also need to apply for an ITIN in order to be included in your U.S. Income Tax filing.



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