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-   -   H1B husband, H4 wife not in USA (https://www.askmehelpdesk.com/showthread.php?t=322606)

  • Feb 26, 2009, 09:53 PM
    alm
    H1B husband, H4 wife not in USA
    Hi All,

    I work in USA since Oct 2008 but my wife still in the home country and never been in USA before. We are married in 1999 and my daughter lives with wife. How should I fill my 1040 (separately, jointly, as a single) and VA tax form? My wife has no SSN and turbotax.com marks it as error. What additional documents I need from my wife? Is it possible to provide its copies received by email? May I efile my 1040 or not in this case?

    Thank you,
    Al M.
  • Feb 26, 2009, 09:57 PM
    alm

    P.S. My wife still has an income in home country.
  • Feb 28, 2009, 07:25 AM
    IntlTax

    You are likely not treated as a U.S. tax resident for 2008 unless you elect otherwise. If a nonresident, you must file Form 1040NR and you cannot file a joint 1040NR with your wife. Since you are married, you and your wife can elect to be treated as residents of the U.S. for the entire year and be subject to U.S. tax on your worldwide income for the entire year. Depending on your foreign income and foreign taxes paid, this approach may reduce your U.S. tax due for 2008.

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