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-   -   I came to US Sep 2011 with H1B & my wife joined me in Oct 2011.what status? (https://www.askmehelpdesk.com/showthread.php?t=638320)

  • Feb 23, 2012, 12:02 AM
    karthivb
    I came to US Sep 2011 with H1B & my wife joined me in Oct 2011.what status?
    I came to US Sep 2011 with H1B & my wife joined me in Oct 2011 with H4.what taxable married status?

    Do I am eligible to file as married jointly. This is my first time w2-file ?
  • Feb 23, 2012, 05:40 AM
    MukatA
    Choice 1: If you did not complete SPT in 2011, you can file non-resident tax return.
    Choice 2: You can file resident tax return as Married Filing Jointly. You MUST wait to file your tax return till you meet the Substantial Presence Test in 2012. Your U.S. Tax Return: Substantial Presence Test
    You will get standard deduction of $11,600 and exemptions ($3,750 each) for both of you. You must both declare your worldwide income for 2011. If you have any foreign income, and on that income you paid taxes in the foreign country, then you can claim foreign tax credit (Form 1116) or you can use Foreign Earned Income Exclusion (Form 2555). Your U.S. Tax Return: U.S. Citizen or Resident with Foreign Income Complete form W7 (application for ITIN) for your spouse and attach with your tax return. You can also deduct moving expenses. Use form 3903.
  • Feb 23, 2012, 10:41 AM
    karthivb
    Thanks for response.

    I wish to file as Married filling jointly. To meet SPT of 183 days completing by 02-May-2012. In this what will be the last date of tax file, How I can work out for this scenario. So please advice
  • Feb 23, 2012, 02:22 PM
    AtlantaTaxExpert
    You simply file Form 4868 to request an automatic extension to 15 October 2012.

    You will also need to submit Form W-7 to get an ITIN for your wife.

    If you need professional help with this, get my email address from my profile

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