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Non-resident H4 - filing jointly or married filing separately, and ITIN

Asked Mar 13, 2007, 05:59 PM — 1 Answer
Hi,

I got married in the middle of last year and moved later in 2006 to the USA (h4 visa, spouse H1 visa). I do not meet the substantial presence test for 2006 (taking into account the previous two years and computing) or the green card test. As I understand, we can only file jointly if I consent to be considered a resident for tax purposes. If I wish to be considered a non-resident, my husband and I will have to file as Married filing separately.

The first question I have is whether I even need to file a return (if my husband files as Married filing separate) as I have no earnings from the USA.

My second question pertains to the ITIN number. If I have to file a return in response to the first question, can I apply for an ITIN with a married filing separate status?

Thanks in advance for any responses!

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AtlantaTaxExpert Posts: 19,866, Reputation: 3723
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#2

Mar 16, 2007, 12:50 PM


If your husband files as a non-resident alien, YOU have no filing requirement if you have no income.

SInce you have no filing requirement, you have no need for an ITIN.
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