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-   -   My marital status changed during the year, but wife never stayed in US. Tax filing (https://www.askmehelpdesk.com/showthread.php?t=450991)

  • Feb 24, 2010, 12:09 AM
    naveenck
    My marital status changed during the year, but wife never stayed in US. Tax filing
    Hi,

    I was in Dallas, TX, USA from April 1st to May 31st 2009 on L1 Visa and received salary and corresponding W2 for the year.

    I was single during my stay in the US. However after returning back to India, I got married and did not go back to the US. My wife has never been to the US and hence does not have an SSN or an ITIN.

    My question is regarding the Status that I should file my taxes as. Is it "Married Filing Jointly" - in which case IRS wants my wife's SSN or ITIN - or "Filing Single" which requires me to be single as on 31st Dec 2009 which I was not.

    Kindly help me with the dilemma.

    Thanks in advance,
    NCK
  • Feb 24, 2010, 01:29 AM
    MukatA

    You have been to the U.S. on L1 for about 2 months. You must file nonresident tax return Form 1040NR or 1040NR-EZ. You can not file joint return.
    You can also claim travel expenses. Travel expenses include transportation, lodging and meals. Use Form 2106 or 2106-EZ to figure your allowable expenses that you claim on line 9 of Schedule A (Form 1040NR).
  • Feb 24, 2010, 02:23 AM
    naveenck

    Thanks a lot for the guidance and advise. Will follow the same.

    Best Regards,
    Naveen

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