Hi,

I am on H1 and in US from past 3 years.My wife joined me in dec 2013 and so to file the taxes should I declare the 6013g form to claim her in my taxes ?

Does the presence test apply for H4 dependants also?

Thanks

The Substantial Presence Test does NOT apply for you to file jointly with your wife. She could be on Mars for all the IRS cares, just as long as she signs the joint return AND declares her income on the tax return.

I know of NO Form 6013-g in the IRS forms.

Thanks AtlantaTaxExpert for your reply.

I just checked its not a form but a statement/election to be signed to consider non resident alien as resident alien. Should we sign the election to file the taxes as married filing jointly and is the election necessary to get the ITIN ?

Thanks

Okay, that's the statement under IRC 6013, also known as the Spousal Residency Statement.

And, yes, your wife should sign such a statement and attach it to the tax return.