Hello AtlantaTaxExpert.

You have been helpfull in the past and I am sure I would get valuable informaiton from you. I have been working in the US on H1B all of last year 2008 (Some days (21) out of country for vacation). I got married in December and my wife has been with me in the US as a dependent since 16 December 2009. Can I show my wife as my dependent in 2008 and take the tax benefits (i.e deductions) because she was a dependent. Any help is highly appreciated.

Chatur

You should file joint return as residents. You must both declare your worldwide income for 2008.

Agreed.

While you CAN claim your wife's personal exemption, it is MUCH better to file jointly, because, in addition to your wife's personal exemption, you get the JOINT standard deduction of $10,900 vice the single standard deduction of $5,450.

Hi Mukta and Atlantataxexpert.

Is there any minimum number of days requirement for my wife to be living in the US to be eligible for the joint tax returns filing. She has lived in the US only 14 days.

Also, what do you mean by worldwide income. If she worked in other country do we need to report that income as well. If so what about the tax returns in that country. Wont she be filing twice?

Regards,

Chatur

Even if your wife has never been to the U.S., you can file joint return as residents. You will attach W7 (ITIN application) with your tax return.
You can contact taxexpert@<hidden> to do your tax return. They are aware of all the requirements and attachments.

Read about H1-B tax filing: http://taxipay.blogspot.com/2008/08/us-visas.html