Hello,

I am currently on a H1B. I have a few questions about claiming my spouse who is on a H4 as a dependent in my tax return:

1) We were married in 2007 but she came to US in Jan 2008 and her H4 also started in Jan 2008. Can I claim her as a dependent?

2) If answer to 1) is Yes. She doesn't has a SSN/ITIN. How do I file? Should I file jointly?

I will greatly appreciate any advice in this regard.

You can file jointly with your wife and you both CHOSE to be treated as resident aliens. This will allow you to claim the $10,700 joint standard deduction plus two $3,400 personal exemption (for yourself and your wife).

The downside is that you must declare ALL 2007 world-wide income.

There are two offsets available, by either claiming a Foreign Tax Credit (Form 1116) or a Foreign Income Exclusion (Form 2555).

Even with the downside, this is probably the best way for you to