Hi,

I am posting this in advance of a few events in my life that are yet to happen! (planning is never bad, right?)

Auspicious dates, astro stuff, and requirements of our parents need that some important marriage ceremonies be performed this year in India in my absence (2008, before November). Because of the leave situation with my work (on OPT now, will have H1B in Oct, 2008), I will be able to go to India and bring my wife (now my fiance) on a H4 visa only around March/April 2009.

Registering a marriage in absentia is not possible in India I heard. So, only when I go to India next year will I be able to register the marriage.


1) Given these circumstances, if I file an extension for 2008 filing before april15 2009, and get her with me in April 2009 to CA, will I be able to file married-jointly for 2008?

2) I know that for the ITIN and to be included in my 2008 filing, I need to have her request that she be treated as a resident for 2008, and fill out the W7 (?). Will I need the W7 notarized? Will the marriage certificate matter for these purposes or the fact that ceremonies were performed in 2008 be enough for her to be treated as my wife for 2008?

3) VISA processes would need the marriage certificate for date of marriage (a 2009 date), right? Does this mean for tax purposes I cannot declare as being married in 2008 even if my wife requests to be treated as a resident for 2008 tax?

I know this seems like a very odd situation. Any help would be much appreciated. I want to minimize my tax$$.

You can file joint return in 2008 only if you are married in 2008. If you get married in 2009, you are unmarried for 2008.

As specified in my email to you, the key is whether your local government considers you to be married as a matter of law.

If yes, then you can file jointly in 2008.

If no, then you cannot.

It is really that simple.

Hi Madohan,

How did you resolve this issue. I exactly have a similar situation now and planning to amend the tax return for 2008. Please let me know, my email ID is [email protected]

Thanks,
Ashok

Ashok:

Recommend you contact Madohan via Private Message.