Hello,

Thank you for your time in advance.

I came to US on L1 in March 2008 and then converted to H1 from Oct 2008. I am still in US. My wife and kids are in India and never been to US in 2008. We came to US in 2006 and went back to India in 2007. My wife got EAD and SSN in 2006. Please let me know which filing status I need to choose for 2008 tax filing. We were blessed with twins in Sep 2008 and as they never been to US, I think I can not claim them as dependants.

Thank you

Duplicate post.

You can file jointly with your wife; her physical location is irrelevent in the decision process as to whether to file jointly or not.

You CANNOT claim your children as dependents unless they spend at least SOME time in the U.S.

Quote:

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Originally Posted by AtlantaTaxExpert

You can file jointly with your wife; her physical location is irrelevent in the decision process as to whether to file jointly or not.

You CANNOT claim your children as dependents unless they spend at least SOME time in the U.S.

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Thank you so much for your guidance. I really appreciate it.