Hi,
I came to US on H1B in October 2007, went back to india in June 2009 to get married.
I came back alone to US as married, my wife is still in india.

My H1B is expired now, and I have applied for extension and hence waiting for it to get it extended.
Once I get my extension papers, I plan to bring my wife here on H4 visa.

My questions
1. Will I get any tax benefit if I plan to bring my wife to US before Dec 31 2009?
2. Will there be any tax benefit if I file my taxes as married if she happens to come in 2010 ?
3. She has been working in india all through 2009, so can I file taxes for her foreign income as well ?

Excuse me if my tax terms are confusing.

Thanks in advance.

Regards
Prashant

Prashant:

1) Assuming you remain in the U.S. your wife can file jointly with you for 2009regardless of her physical location, even if she does not get a H-4 visa.

2) There IS a definite tax benefit for filing jointly, as your income is taxed at a lower rate, plus you can claim her personal exemption and a JOINT standard deduction that is TWICE what your single standard deduction would be.

3) You WILL have to include her 2009 India-sourced income on the 2009 U.S. tax return, but you can claim the Foreign Tax Credit (Form 1116) to partially offset any double taxation.

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