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abckevin
Mar 3, 2009, 10:13 PM
Hi,

I on L1 visa working in US sine Aug 2007. I was in US for the entire 2008 year but went to india in dec for my marriage. I got married on 7th dec 2008. My Wife and I entered US on 6th Jan 2009.

My wife is on L2 visa but as of now she does not have her ITIN or SSN. How should I proceed for my returns.

Can I file Married filing jointly and claim 10900 excemption even though my wife was not in US for 2008 and does not have ITIN ?

I consulted another agency for my taxes and they said I would have to fill up some documents under Section 6013(g) to enable me to get my spouse exemptions and more refund. Reading other threads here does not mention this section at all.


Please advice.
THanks

MukatA
Mar 3, 2009, 11:36 PM
Yes, you can file joint return as residents. Attach W7 (ITIN application) with your tax return.
If you need professional to do your tax return, contact AtlantaTaxExpert at [email protected].

abckevin
Mar 3, 2009, 11:41 PM
Thanks MuktA for your reply.
Quick clairfication - Is section 6013(g) is the same thing - meaning a way to file returns as residents even though my wife was not in US for that tax year? Thanks.

AtlantaTaxExpert
Apr 28, 2009, 10:26 AM
You can file jointly regardless of your spouse's physical location; she could be on Mars for all the IRS cares.