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-   -   Wife and Husband different visas ( H1B and OPT) and have a kid (https://www.askmehelpdesk.com/showthread.php?t=431958)

  • Jan 5, 2010, 08:45 PM
    detroja
    Wife and Husband different visas ( H1B and OPT) and have a kid
    Dear Tax Experts,

    Let me begin by saying Happy New Year!! I would be grateful if anybody could give me advice on our taxes this year.

    I am confused about filing taxes this year.

    1) Me and my wife have different visa status from different countries. I am an H-1B and she is on OPT.

    2) We also have a kid who I have been claiming as a dependant(she is not)

    3) I paid medical ($2600) and dependent care expenses ( $2100) pre taxed through my company. Of course I cannot claim them again.

    Questions

    1) Should we file married,jointly or married,separately. The reason I ask this because I pay medicare and social taxes. She does not. If we file jointly are we both treated the same or not ? ( pardon my ignorance).

    2) We moved to new place after we had a kid. Can we claim them the expenses ?

    Thanks a lot
    Det
  • Jan 6, 2010, 08:39 AM
    AtlantaTaxExpert
    1) More than likely, filing jointly is the best way to file tax-wise. Filing jointly will NOT affect how her FICA (Social Security and Medicare) taxes are withheld; see link below:

    Nonresident Spouse Treated as a Resident

    2) You can only claim moving expenses if the move is related to a job change AND the move is at least 50 miles in distance.

    I am curious about your child's status. WHY do you think you cannot claim your child as a dependent?
  • Jan 6, 2010, 09:15 PM
    detroja

    Dear Atlanta Tax Expert,

    Thanks for your advice. I did claim my child as a dependent but my wife did not. We just did not want to be in a situation where we were withholding too much money and have to pay at the end to the IRS.

    Det

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