I got married in feb 2008 & my spouse joined me in US in oct 2008 on L2 visa.She has a SSN and EAD. She is not working & has no income.What should I choose as my tax Filing status (Married filing separately) or (Married filing jointly). Do she also need to file return, she don't have any W2 form as did not worked / non-working.

Please reply.

File for Status: Married filing jointly

She does not have to file a return on her own as both your names go on the joint return. The fact that she did not work makes no difference and will only give you a larger return...

1. You can both file joint return as residents to get maximum benefit.

2. You can also file as married filing separately. If you came to the U.S. in 2008, then you will file Dual status tax return. Your spouse is not required to file tax return.
Read about L1 tax filing: Your U.S. Tax Return: The U.S. Visas (http://taxipay.blogspot.com/2008/08/us-visas.html)

1. You can both file joint return as residents to get maximum benefit.

2. You can also file as married filing separately. If you came to the U.S. in 2008, then you will file Dual status tax return. Your spouse is not required to file tax return.
Read about L1 tax filing: Your U.S. Tax Return: The U.S. Visas (http://taxipay.blogspot.com/2008/08/us-visas.html)

Okay I am not a "Tax Expert" but isn't that pretty much exactly what I said...

Codyman144:

No, not really. You made no mention of the dual-status return, which IS an option, though NOT the smart one In my opinion.

True...