| [quote=sam74268;15485]Hi I am staying in US on H1B Visa and was in USA for the complete Tax Year 2013. My wife came to USA in June after we got married and was in US from June 2013 to Oct 2013 and then went back to India .
My Question is, Can I file my Tax returns as married for 2013?
QUOTE]
it depedns. aslongas you are a US resident for tax purposes by passing SPT test, then yes, you can file your return as MFJ or MFS. The H-1B visa holder who files as a resident alien also needs to remember that ALL of his/her worldwide income is subject to U.S. taxes, not just U.S.-based income. While these taxes can be offset by the Foreign Tax Credit (for taxes paid to another country) and the Foreign Income Exclusion, the visa holder should not fail to report income from his home country. As you are married and your wife is with you on a H-4 visa, you can both choose to be treated as resident aliens, regardless of whether you entered the US before or after July 3rd.2013 If you arrived before July 3rd,2013 you are already dual-status. If you arrived after July 2nd,2013you would have to use the First Year Choice option (and file the First Year Choice statement), then meet the requirements for choosing to file as a resident alien as well. These requirements are: Be a non-resident alien at the beginning of the year.Be a resident alien at the end of the tax year.bBe married at the end of the year.Your spouse must join you in this choice.
The results/consequences of this choice are as follows:
• You and your spouse are treated are treated as U.S. resident for the entireyear for income tax purposes.• You and your spouse are taxed on all of your world-wide income.• You and your spouse must file a joint income tax return for 2013
• Neither you nor your wife can make this choice again in later tax years, even you are divorced, separated or remarried.
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