Dear helpdesk,

I appreciate the time taken by experts to answer the questions asked by the users of this website.

I have a question regarding the filing status. I am working in US on H1B Visa status for past couple of years.

I lived almost whole year of 2008 in US(except couple of vacations to India, being away from US total of 40 days ). I assume for tax purposes I am considered as a Resident Alien (please correct me if am wrong). I recently got married in the month of December 2008 but my spouse joined me in Jan 2009.

My W2 has marital status as Single. I am confused if I am supposed to file my taxes having Married Marital Status. As she came to US in Jan 2009, will this be a problem in future if I file taxes as Married and filing jointly for 2008 tax returns. I understand that as she don't have SSN, I have to enclose ITIN Application with the returns.

I appreciate if any body can advice on this question.

Best regards
Sri.

Yes, you are considered a resident alien for 2008. Your W-2 status is unimportant for purposes of how you file. Marital status is determined as of the last day of the year. Thus, you are considered married for 2008.

Filing a joint return even though she was not present in the U.S. in 2008 is fine, but if she earned any income during 2008 then it must be included on the joint U.S. tax return. If she had little or no income, filing jointly is probably the best way to go.

Yes, you will need to include Form W-7 and the related documentation when filing for 2008.

Hi IntlTax,

Thank you for your time and your answer. It has cleared my questions.

Just coming back to same question, I just want to make sure, my wife never came to US prior to Jan 2009. She didn't have any income back in India as well. Is it still OK to file taxes for 2008 as Married and filing jointly.

Thank you once again.

Sri.

You can still file joint return. You must both declared worldwide income for 2008. Read about H1-B tax filing: Your U.S. Tax Return: The U.S. Visas

As I stated above,

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Filing a joint return even though she was not present in the U.S. in 2008 is fine

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