Hello there,

Thanks for reading. Here is my situation I need help with:

Myself:

Stayed in US for whole of 2011 and 2010.
Filed as "Single" 1040 for 2010
Resident for tax purposes for 2011. (Meet substantial presence test. Not a GC holder)
Got married in Mar 2011 in India.

Wife:

Worked in UK on work permit, salaried, from Jan 2011-Sep 2011.
After marriage in Mar 2011 in India, went back to UK.
Came to US on H4 for 3 weeks in July 2011.
Came to US on H1 on Oct 4, 2011 and working full time till present.
Days of stay in US in 2011 = ( 21 89 = 110).

Question:

Can I file married filing jointly with my wife? Is there a catch if I do that?

Thanks,

Nigam

Can someone help me here please? Much appreciated.

A U.S. citizen or resident can file joint return as residents even when your spouse has never been to the U.S. On the joint return, both of you must report worldwide income. If you paid taxes in foreign country, file Form 2555 (foreign income exclusion) or form 1116 foreign tax credit.

Thanks Mukta.

I am thinking of filing 1040 NR for my wife and 1040 for myself for 2011 as by including worldwide income ( she was working in UK) we will owe lots of tax ( even after using Form 1116).

What I want to ask is what will be her status while filing 2012 returns?
She will stay in US for complete 2012. Can I file 1040 Married Filing Jointly with her for 2012 taxes?