View Full Version : NonCitizen Spouse - Can I file joint?
 
 Rmmm
Mar 10, 2009, 09:17 PM
My wife and I are both Japanese Citizens.
She works in Japan, I work in the USA.
CAn I file a joint return.
 
If not, can I file married separate and claim her exemption?
 
Thanks
 MukatA
Mar 10, 2009, 09:33 PM
Which visa do you have? When did you enter the U.S. Read: Your U.S. Tax Return: The U.S. Visas (http://taxipay.blogspot.com/2008/08/us-visas.html)
 Rmmm
Mar 10, 2009, 10:10 PM
I guess it is H-1, not sure right now.  I came to the US in 2006.  My wife works in Japan.  So I am a resident alien, she is a non-resident alien.  We do NOT want to declare her income as US income.  I also have been claiming my daughter as a dependent, she lives in Japan all the time.  I spend time in both Japan and USA.
So I wish to file married filing separately, claiming both my wife's exemption and my daughter as a dependent.  Is that OK?
 Rmmm
Mar 10, 2009, 10:52 PM
Sorry, my visa status is E-2.  Hope that helps.
 IntlTax
Mar 11, 2009, 05:42 AM
Yes, you should file married filing separate and claim both your wife and your child as dependents.  You claim your wife as a dependent under U.S. statutes and your child as a dependent under the U.S.-Japan Income Tax Treaty.
 Rmmm
Mar 11, 2009, 02:19 PM
Good and thanks.. I should have mentioned that my daughter is a US Citizen having been born in the USA.  I will proceed.