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yldeng
Feb 7, 2007, 10:36 PM
Hi,

I started to work as H1-B holder in US from 2000 and I got married in October of last year. She arrived in US on December 7th, 2006. I know she were in US less than 31 days last year. I have the following questions:

1. What kind of status I should file our tax report? Should I file resident-alien (Form 1040) or Dual-Tax Return (Form 1040 with Form 1040NR attached)?

2. Should we file a joint tax report?

3. What exemption should I be applied?

4. Can I claim for my wife's travel expenditure? (just plane ticket)

Thanks a lot.



Charles

AtlantaTaxExpert
Feb 8, 2007, 12:42 AM
1-3) File jointly. She is filing as the non-resident spouse of a resident alien (you). Her physical location is irrelevant.

4) No. You were NOT married when you originally moved, so her joining you is NOT a valid moving expense.

yldeng
Feb 9, 2007, 08:40 AM
Thanks a lot. Your answer is really helpful. But I have another question:

I have capital losses and I have to file Schedule D to claim these losses. What can I do? Can I file Form 1040EZ or I have to file Form 1040 with W 7? You help will be extremely appreciated.

Charles

AtlantaTaxExpert
Feb 10, 2007, 10:29 PM
Charles:

To file Schedule D, you MUST file Form 1040.

The Form W-7 can be filed with any return to request an ITIN for your wife.