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    ganasubbu's Avatar
    ganasubbu Posts: 3, Reputation: 1
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    #1

    Mar 5, 2009, 11:34 AM
    H1B Tax Return - Dependent wife on H-4 not co-operating for ITIN because of Divorce
    Hi,
    I am on a H1-B visa and got married in July 2008. I brought my wife to the US on a H-4 visa and unfortunately we realized marriage is not working out. We went back to India in Jan and are now talking Divorce.

    I am now trying to file my tax returns for 2008 and want to file as a "married filing jointly" as the returns are more in that category. For that , my wife is not co-operating to apply for an ITIN (she is not eligible to apply for a SSN). I cannot get her to sign the ITIN form or get a notarised copy of the I-94 or passport.

    Can someone please advice me on how I can get my tax returns filed as "married filing jointly" without my wife having an ITIN?

    Thanks and your response is much appreciated!
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Mar 6, 2009, 01:04 AM

    To file joint return, you need ITIN as well her signatures on the tax return.
    ganasubbu's Avatar
    ganasubbu Posts: 3, Reputation: 1
    New Member
    		  
    #3

    Mar 12, 2009, 04:27 AM
    Thank you for your response.

    Can I file for tax return as "Married filing separately"? If I try to do that, it is asking for my wife's SSN, which does not exist. Can I file under this category and pay a fine for not submitting the SSN?

    Also, if I file as "Married filing separately", can I amend my return next year and file as "Married filing jointly" next year?
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #4

    Mar 12, 2009, 05:25 AM

    When did you enter the U.S.
    If you did not complete 183 days in 2008, then you will file nonresident tax return unless you go for married filing jointly. If you completed 183 days, then you are dual status.
    ganasubbu's Avatar
    ganasubbu Posts: 3, Reputation: 1
    New Member
    		  
    #5

    Mar 12, 2009, 09:03 PM
    I was in the US for the whole of 2008. My wife entered the US on Jul 29, 2008. Please let me know. Thanks!

    The problem I am facing is that if I filed "married filing separately", I only get about $1.5K back. But if I file "Married filing jointly", I am getting close to $4K back!

    That is why I am wondering if I can file "Married filing separately" this year and then amend the return next year after our divorce and file under "Married filing jointly"?

    Filing as single gets me only $500 and hence I am trying to avoid that option at this point...

    Thank you for your advice!
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #6

    Mar 12, 2009, 11:12 PM

    If you were in the U.S. for whole 2008, then you can only file as married filing separately or married filing jointly.
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