Hi There,

First of all thank you for opening my question. I was in Detroit, USA from Dec,06 till 23rd May,08. I have question about filing 2008 taxes. I have got w2 form.
I got married in Nov,08. My wife never been to USA and doesn't have SSN/ITIN as of now. I also didn't go back to USA till now. Now question is:

1) Can I claim my wife as my dependent. She doesn't have any income. If yes, what should be my filing status? :confused:
2) Which forms do I need to fill?
3) Can I file online?
4) My US income is less than 25K $


Regards,
Rohit
[email protected]

Your visa? Did you file 2006 and 2007 tax returns? If yes, which form? When did you enter and left the U.S.

Hi Mukata,

I was on L1B Visa. I filed the taxes in 2007. I stayed in US from 27th Dec,06 to 23rd May, 08.
In 2007 I have filed using 1040 form. Status as single and US resident alien.

Do I need to file a ITIN for my wife? I have read on one post that

"you also must enter your spouse's full name in the space provided and must enter your spouse's SSN or ITIN in the space provided unless your spouse does not have and is not required to have an SSN or ITIN. In that case, write nonresident or N R A in the space for SSN."

Please guide


Thanks
Rohit

Rohit:

If you are NOW currently in the U.S. on either a H or L visa, then you will file your 2008 return as a resident alien under the Continuous Presence policy.

This will require that you claim your home country income on your U.S. tax return and file Form 1116 to claim the Foreign Tax Credit.

Further, you can file jointly with your wife and you both CHOSE to be treated as resident aliens. This will allow you to claim the $10,900 joint standard deduction plus two $3,500 personal exemption (for yourself and your wife).

She WILL need an ITIN, which you submit Form W-7 with a notarized photocopy of her passport with the 2008 tax return to get.

If you were married in 2006 and 2007, you can amend the U.S. tax returns for those years as well to claim the joint filing status.

If you need professional tax help, contact me at [email protected].

Hi