Can F-1 visa holder without earning be a dependent for H-1b visa holder husband?

dipayanrudra · #1 Feb 26, 2007, 11:00 PM

I know that the question is kind of strange, but here is my situation. I am having H1b visa at present (moved from OPT to H1b last September). My wife is a student with F1 student visa (in Illinois Urbana Champaign). But she has completed her residential requirement and since last year has been staying off campus with me (in Seattle), working on her thesis. She did not have any income last year. Her payroll office says that no W2 or 1042S will be issued for her since she did not have any income. In this situation while filing my tax, can I add her as my dependent? If so, how? Also since she will not get any W2, will that affect a potential Green card application that we are planning in the near future?

I was going through the different posts and found out someone with kind of similar situation. It is suggested that if the spouse is in f1 status with no income, we can file jointly as resident aliens. I have a question regarding that,. My wife will not get W2 or any tax return document of that sort. In that case dont I need to staple both of our W2 tabs with the return? Since she will not get it will only my w2 work?

BTW, I have been in USA since 1999. 99-2005 F1, 2005 Sep-2006 Sep OPT, and since 2006 Sep, H1B. My wife is F1 since 2000.

dipayanrudra · Feb 27, 2007, 03:18 PM

Thanks for the reply. But I thought that to file jointly both of us have to provide W2 or equivalent. Is it possible that we file jointly, and I just staple my W2? Since my wife will not get one this year.



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