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gagan7um
Apr 5, 2008, 10:44 PM
Hello,

I am currently on a H1B. I have a few questions about claiming my spouse who is on a H4 as a dependent in my tax return:

1) We were married in 2007 but she came to US in Jan 2008 and her H4 also started in Jan 2008. Can I claim her as a dependent?

2) If answer to 1) is Yes. She doesn't has a SSN/ITIN. How do I file? Should I file jointly?

I will greatly appreciate any advice in this regard.

AtlantaTaxExpert
May 5, 2008, 11:57 AM
You can file jointly with your wife and you both CHOSE to be treated as resident aliens. This will allow you to claim the $10,700 joint standard deduction plus two $3,400 personal exemption (for yourself and your wife).

The downside is that you must declare ALL 2007 world-wide income.

There are two offsets available, by either claiming a Foreign Tax Credit (Form 1116) or a Foreign Income Exclusion (Form 2555).

Even with the downside, this is probably the best way for you to