Hello Friend,

I am in the United States from 2006. I am getting married in December. To apply tax exemption does she need to be in the United States before 31st December? Can I get tax exemption even though she is in India?

Please help me.

Thanks,
Sri

If you are a U.S. citizen or resident, you must file 2008 tax return as residents Married Filing Jointly or Married Filing Separately.

On MFJ you must both report your worldwide income. You will both get exemptions and standard deductions.
On MFS, you can claim exemption of wife if she did not have any income in 2008.

You will attach W7 (ITIN application) of you spouse with your tax return.

Sri:

To answer your question, your wife's physical location is irrelevent. She can be on Mars for all the IRS cares, just as long as she has a SSN or, as MukatA noted, she applies for an ITIN using Form W-7.

Note that she must sign both the Form W-7 and the joint tax return. You need to account for that fact when you file to allow for the extended mailing time between the U.S. and India.