Hi,

I am on an H1 visa and came here last June (2008 June) and I have my wife on a H4 visa. Because of my period of stay I think for the 2008 tax return I am a NON RESIDENT ALIEN. Can I claim my wife as a dependent for tax excemptions? Should I apply an ITIN for her? The for 1040NR does not have a provision for adding a dependent if I am not from Canada, Mexico or South Korea (Which I am not). So does this mean I cannot claim her as a dependent?

You can file resident tax return as Married Filing Jointly. You will have to wait for about 4months in 2009 to file your tax return till you meet the Substantial Presence Test (of 183 days) in 2009. You will get standard deduction of $10,900 and exemptions for both of you.

You must both declare your worldwide income for 2008. If you have any foreign income, and on that income you paid taxes in the foreign country, then you can claim foreign tax credit (Form 1116) or you can use Foreign Earned Income Exclusion (Form 2555). You will attach W7 (ITIN application) with your tax return and First Year Choice Statement.
Read about H1-B tax filing: Your U.S. Tax Return: The U.S. Visas (http://taxipay.blogspot.com/2008/08/us-visas.html)

This is your first year of filing, and the return is involved. You should get professional help. Write to [email protected]

Thanks a lot for the answer MukatA, appreciate it.

I came to the US on June 23rd 2008 and haven't left the country since. Does this not qualify me as a Resident Alien? Earlier I had miscalculated and thought I wasn't.

But When I count the days from June 24th till Dec 31st 2008, its more than 183 days, its about 194 days. So Can't I apply as a Resident Alien and claim dependent exemption and also apply before the deadline of April 15th?

Thanks,
FTTT

If you have met SPT in 2008, then you can file joint return as residents.

I am a Canadian Non-Resident. Can I claim my wife as a dependent and for how much?

Yes, you can, for $3,500.