Dear AtlantaTaxExpert,
I am an H1B visa holder and my wife has H4. She is not allowed to work in Usa, her visa is a depenent one. I tried to do my tax return online and they won't let me to file her as my dependent. It says that your spouse cannot be your dependent. What is your advice?Can I get any dedactions, becouse I was supporting her financially last year?
Thanks, D.K

AtlantaTaxExpert

Zsuzsix:

The tax software is correct; you cannot claim your spouse as a dependent, nor do you want to!!

What you need to do is download Form W-7, fill it in and have your wife sign it.

Then make a photocopy of her passport and get the passport notarized as a true copy (you can get this done at any bank).

Staple the W-7 and notarized passport photocopy together, then attach it to your tax return.

File your return jointly with your wife. Put your wife's name on the return, but leave the SSN blank. Print out the return, and attach the W-2s and the W-7 (with passport photocopy) to the return. Be sure you and your wife both sign the tax return.

Mail the return to the address on the W-7 instructions. The IRS will issue the ITIN, fill in the blank SSN field with your wife's ITIN, then process the return. The IRS will send you a letter with your wife's new ITIN on it.

When you get the letter, then (and only then) should you file your state income tax return jointly with your wife.

zsuzsix

Thank you for your help, but there is one important thing I forget to tell you. My wife already has a SSN, we came to USA on J1 visa, than we changed it to H1B(myself) and my wife got the H4. Last year we filled out state income tax return jointly. But that time she could work, now is different situation. Still should I file jointly and have 0 income for her? If the H4 visa is a dependent one(on the visa says "dependen of Kiss Dezso) why it's not the same on taxes?
Thank you again!
K.D.

AtlantaTaxExpert

K.D.:

If she already has a SSN, all the better.

The fact that the H4 keeps her from working does not in any way keep her from filing jointly with you.

Get on the software, choose Married Filing Jointly, and get the return filed!

zsuzsix

Thank you so much! I thought that if I claim her as a dependent that is better, will save me some money paying less income tax. But this is it! Finally I have to realize that even if I support my wife financially, I can't get any deductions for her.That's bad!

Thanks again, I am happy for this website, your are really helpful.

AtlantaTaxExpert

K.D.

I don't think you read my post. You ARE getting deductions from your wife!!If you file jointly with your wife, your personal exemption doubles (from $3,200 to $6,400) and your standard deduction doubles (from $5,000 to $10,000).