Hi,

I am working on H1 and my spouse came here last year on H4 (dependant visa). We got our EAD (Employment Authorization Document) in Oct 2007. I am still on my H1. My spouse however has not earned anything in 2007 as he did not work.

My question is, can I claim him as a dependent on my tax return?

I was planning to file Married filing jointly? I tried Taxact with that option and I could not claim my spouse as a dependent.

Can you recommend the best approach for my particular situation?

Thanks in advance,
Sreeja

Yes, you can file as Married Filing Jointly. But for this there may be some requirements.

When did you come to U.S. You only said that your wife came las year on H4.

You CAN file jointly, but you CANNOT claim your spouse as a dependent. He is your CO-FILER, not your dependent.

Thanks you so much MukatA and Atlanta Tax Expert for the responses. Much appreciated.

Actually, I would like to know what will be the best filing option for me at this point.

1. I am on H1 for the past 3 years. My husband joined me in US on Jan 2007 on H4.
2. We both got our EAD in Oct 2007. I am however still working on my H1. I am planning to continue doing that.
3. My spouse did not have any earnings last year.

I understand that I cannot claim him as a defendant if I file jointly. Do you think I should just file married filing single? What will be the best and most importantly the correct route at this point.

Thanks in advance

It is almost a sure bet that filing jointly is the best option tax-wise.