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    mm17's Avatar
    mm17 Posts: 8, Reputation: 1
    New Member
    		  
    #1

    Mar 15, 2008, 08:09 PM
    H1-B married but spouse not in US
    Hello,
    I got married in October 2007, but my wife is still living in my home country (She is not a US citizen). She has not been to the US throughout the whole of the year 2007 at all. I have been in the US on H1-B since 2005. Should I be filing my taxes for 2007 as "Single" or as "Married"? And if I file as Married, should I be filing as "Married filing separately" or "Married filing jointly"?
    All advice is greatly appreciated.

    Thanks!
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    May 1, 2008, 01:16 PM
    You can file jointly with your wife and you both CHOSE to be treated as resident aliens. This will allow you to claim the $10,700 joint standard deduction plus two $3,400 personal exemption (for yourself and your wife).

    The downside is that you must declare ALL 2007 world-wide income. There are two offsets available, by either claiming a Foreign Tax Credit (Form 1116) or a Foreign Income Exclusion (Form 2555).

    Even with the downside, this is probably the best way for you to file.
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