summersky
Mar 13, 2007, 05:59 PM
Hi,
I got married in the middle of last year and moved later in 2006 to the USA (h4 visa, spouse H1 visa). I do not meet the substantial presence test for 2006 (taking into account the previous two years and computing) or the green card test. As I understand, we can only file jointly if I consent to be considered a resident for tax purposes. If I wish to be considered a non-resident, my husband and I will have to file as Married filing separately.
The first question I have is whether I even need to file a return (if my husband files as Married filing separate) as I have no earnings from the USA.
My second question pertains to the ITIN number. If I have to file a return in response to the first question, can I apply for an ITIN with a married filing separate status?
Thanks in advance for any responses!
I got married in the middle of last year and moved later in 2006 to the USA (h4 visa, spouse H1 visa). I do not meet the substantial presence test for 2006 (taking into account the previous two years and computing) or the green card test. As I understand, we can only file jointly if I consent to be considered a resident for tax purposes. If I wish to be considered a non-resident, my husband and I will have to file as Married filing separately.
The first question I have is whether I even need to file a return (if my husband files as Married filing separate) as I have no earnings from the USA.
My second question pertains to the ITIN number. If I have to file a return in response to the first question, can I apply for an ITIN with a married filing separate status?
Thanks in advance for any responses!