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kdigu79
Apr 6, 2010, 03:35 PM
Hi,
I am on F1 visa since 2006 August. My Wife is on F2 visa and is staying with me since 2008 October. Can I file my taxes as Married filing Jointly and get standard deductions for both me and my wife. I am going to file 1040 NR EZ.

Thanks
Aditya

AtlantaTaxExpert
May 6, 2010, 01:35 PM
Aditya:

No, you CANNOT file jointly using either Form 1040NR or 1040NR-EZ.

However, if you are an Indian citizen, you CAN claim your wife as a dependent if she has NO U.S.-sourced income by listing her on Form 1040NR.

You will need to submit Form W-7 with the tax return to get her an ITIN.