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    sushmanshetty's Avatar
    sushmanshetty Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Feb 9, 2009, 01:35 AM
    I am married, what would my Filfing Status , when my husband was in INDIA
    Hi ,

    I was in New Hamshire, USA from April,23 2007 to Mar 1st, 2008. I have question about filing 2008 taxes. I have got w2 form.

    My Husband never been to USA and doesn't have SSN/ITIN as of now and doesn't have any US VISA. I also didn't go back to USA till now. Now question is:

    1) Can I claim my husband as my dependent.
    2>What should be my filing status? - SINGLE or JOINT
    3> If Joint, should my Husband has to Have ITIN. IF So, how can I proceed applying it, since Now I am in India.
    4) Which all forms do I need to fill?
    5) Can I file online?
    6) My US income is less than 10K $ monthly
    7) CAn you provide any contactd eatils if there are any TAx Agents.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Feb 9, 2009, 06:52 AM

    Which form did your file for your 2007 tax return? Your visa? When did you enter the U.S. and left the U.S. Year you got married?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #3

    Feb 23, 2009, 02:25 PM
    You will need to file a dual-status return for 2008, but you can deduct daily living expenses while in the U.S. because you stayed LESS than one year. This assumes that you had a work (H or L) visa.

    If you had a J visa, you will file as a non-resident alien for both years, filing Form 1040NR to claim the daily living expenses.

    If you need professional tax help, contact me at [email protected].
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