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-   -   Claiming spouse on H4 as dependent (https://www.askmehelpdesk.com/showthread.php?t=59048)

  • Jan 31, 2007, 03:17 PM
    jagadsri
    Claiming spouse on H4 as dependent
    Hello,

    I have been in USA Since 2001 and have been filing my taxes as Single.

    I got married in May 2006. My wife joined me in USA from last week of November -- with a H4 visa.

    No SSN -- I understood that I need to apply for a ITIN which is only possible through mail.

    ---->
    • I have been e-filing through turbo-tax for last 3 years. Can I do it this time taking the advantage of exemptions
    • She landed in USA on November 24th. Will it be better filing my taxes now (Feb 07) or filing after 6 months of her stay.
    • When applying for ITIN, we need a notarized copy of her passport. Can this be obtained anytime or only after 6 months of her stay.


    Help is appreciated -- Thanks.
  • Jan 31, 2007, 03:58 PM
    AtlantaTaxExpert
    You can file jointly with your wife, with you BOTH choosing to be treated as resident aliens for all of 2006.

    You can get the notarized photocopy of her passport anytime. Most banks will do it for free.

    You do NOT have to wait six months to file. That requirement (known as the Substantial Presence Test) is waived if she is filing as a non-resident spouse (her) of a resident alien (you).

    If you need professional help to do this, contact me at [email protected].
  • Feb 1, 2007, 09:33 AM
    jagadsri
    Thanks for your answer - which clarifies most of the issues.

    As you have not mentioned,I guess I cannot e-file the tax-returns.
    Is that Right?
    OR --- >
    Is it preferrable to get ITIN number and then E-FILE. Will that do any good.

    Thanks AtlantataxExpert.
  • Feb 1, 2007, 11:51 AM
    AtlantaTaxExpert
    No, you cannot efile such a return, as certain statements are required to be attached to the return.

    You apply for the ITIN WITH the tax return. The IRS then inserts the ITIN in the blank SSN space and processes the return.

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