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-   -   NonCitizen Spouse - Can I file joint? (https://www.askmehelpdesk.com/showthread.php?t=327658)

  • Mar 10, 2009, 09:17 PM
    Rmmm
    NonCitizen Spouse - Can I file joint?
    My wife and I are both Japanese Citizens.
    She works in Japan, I work in the USA.
    CAn I file a joint return.

    If not, can I file married separate and claim her exemption?

    Thanks
  • Mar 10, 2009, 09:33 PM
    MukatA

    Which visa do you have? When did you enter the U.S. Read: Your U.S. Tax Return: The U.S. Visas
  • Mar 10, 2009, 10:10 PM
    Rmmm

    I guess it is H-1, not sure right now. I came to the US in 2006. My wife works in Japan. So I am a resident alien, she is a non-resident alien. We do NOT want to declare her income as US income. I also have been claiming my daughter as a dependent, she lives in Japan all the time. I spend time in both Japan and USA.
    So I wish to file married filing separately, claiming both my wife's exemption and my daughter as a dependent. Is that OK?
  • Mar 10, 2009, 10:52 PM
    Rmmm
    Sorry, my visa status is E-2. Hope that helps.
  • Mar 11, 2009, 05:42 AM
    IntlTax

    Yes, you should file married filing separate and claim both your wife and your child as dependents. You claim your wife as a dependent under U.S. statutes and your child as a dependent under the U.S.-Japan Income Tax Treaty.
  • Mar 11, 2009, 02:19 PM
    Rmmm

    Good and thanks.. I should have mentioned that my daughter is a US Citizen having been born in the USA. I will proceed.

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