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me_kalyan111 · Sep 10, 2006, 09:28 AM

I am converting from OPT to H1(Indian Citizen) in October and getting married to an Indian Citizen whoo has never been to U.S.A. in December 06. We are coming back to U.S. in January 07. What would be my status for tax purposes - Married / Single?? Please advice.

AtlantaTaxExpert · Sep 10, 2006, 02:28 PM

You will be considered married, but you will have to file as a single person because you will be a dual-status alien. You should be able to claim your spouse as a dependent for 2006, and you will be able to file jointly in 2007.

me_kalyan111 · Sep 15, 2006, 11:38 PM

Hi Atlanta Tax Expert

Thanks. So, I would be able to file as a married and claim my spouse for the fiscal year 2006(i.e. Taxes filed before APR 2007), even though my spouse did not enter U.S. in 2006. Please clarify.

AtlantaTaxExpert · Sep 16, 2006, 07:50 AM

No, that is not what I said.

You CANNOT file jointly when you file dual-status or as a non-resident status.

You CAN claim your spouse as a dependent, even though she is not in country. You will have to file Form W-7 with your tax return to get him/her an ITIN (you will need to enclose a notarized photocopy of his/her current passport). Since you are an Indian citizen converting from a F-1 visa, you can claim the $5,200 Standard Deduction for yourself (but NOT your spouse).

me_kalyan111 · Sep 16, 2006, 01:41 PM

Can I claim my spouse if I use the first year choice plan and get deduction for my spouse as well. Would I have any complications with my Social security and Medicare tax. My employer did not with hold these while I was on OPT. Thanks for your help.

[If you converted from F-1 to H-1 visa status on or after 2 July 2005, you can be treated as a non-resident alien for the entire year or use the First Year Choice option (which has been explained multiple times on this forum) to file as a resident alien sometime after May 2006.]

Originally Posted by AtlantaTaxExpert

No, that is not what I said.

You CANNOT file jointly when you file dual-status or as a non-resident status.

You CAN claim your spouse as a dependent, even though she is not in country. You will have to file Form W-7 with your tax return to get him/her an ITIN (you will need to enclose a notarized photocopy of his/her current passport). Since you are an Indian citizen converting from a F-1 visa, you can claim the $5,200 Standard Deduction for yourself (but NOT your spouse).

AtlantaTaxExpert · Sep 16, 2006, 07:36 PM

Since your spouse did not live in the United States, First Year Choice is not an option for you, at least to be considered a resident alien, which requires you be married and BOTH be in country for at least least 31 consecutive days in 2006.

me_kalyan111 · Sep 17, 2006, 10:18 AM

Atlanta Tax expert... Thanks for your help.

AtlantaTaxExpert · Sep 17, 2006, 03:19 PM

Glad to help!