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Tax for H1 and H4 visa holder

Asked Nov 22, 2006, 02:38 PM — 5 Answers
I am in H1b Visa, my wife came here in H4 visa in Nov 15, 2006.

Can I fill 1040 for 2006 jointly with my wife so that we can receive 13000 standard deduction? She needs a ITIN? She can not have a SSN.

Thanks.

5 Answers
AtlantaTaxExpert's Avatar
AtlantaTaxExpert Posts: 19,866, Reputation: 3723
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#2

Nov 22, 2006, 03:00 PM


You will need to file Form W-7 WITH your tax return to apply for the ITIN. That is the only time the IRS will accept the application. Attach a notarized photocopy of her passport.

You CAN file Form 1040, 1040A 04 1040EZ, but you must wait until your wife has been in the U.S. For at least six months. Since she arrived on 15 Nov 06, you will have to wait until mid-May before you can file jointly with her.

The filing jointly standard deduction is $10,300, NOT $13,000.
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HelloHello's Avatar
HelloHello Posts: 3, Reputation: 1
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#3

Nov 22, 2006, 04:42 PM
Even she has been the States for only one and half month in 2006, we can still fill jointly, correct? But I need wait till May 2007 to file our return?

Thanks a lot for your answer!
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AtlantaTaxExpert's Avatar
AtlantaTaxExpert Posts: 19,866, Reputation: 3723
Senior Tax Expert
 
#4

Nov 23, 2006, 08:03 AM


You wife must meet substantial presence (183 days) before she file; that's the reason you wait until mid-May 2007.

The only other requirement is that she be in the U.S. For at least 31 consecutive days at the end of the year (month of December).

See IRS Pub 519 for details. You can download from www.irs.gov.
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LUNAGODDESS's Avatar
LUNAGODDESS Posts: 467, Reputation: 263
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#5

Nov 23, 2006, 09:05 AM
I searched for information on a H-4 status here in the United States.. No such status here in the United States...but it does not say whether your country
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babusri's Avatar
babusri Posts: 10, Reputation: 1
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#6

Nov 24, 2006, 10:58 AM
Hi ATE,

Earlier you had replied to my qustion with the following....!

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Apr 16, 2006, 06:32 PM #6 Report Inappropriate Post
AtlantaTaxExpert
Tax Expert

Join Date: Feb 2005
Location: Atlanta, Georgia
Posts: 2,478
Babu:

Yes, your wife can virtually anywhere in the world, and you will be able to file jointly.
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