Ask Experts Questions for FREE Help !
Ask
    ConfusedDesi's Avatar
    ConfusedDesi Posts: 3, Reputation: 1
    New Member
    		  
    #1

    Mar 16, 2009, 10:24 AM
    Spouse on H1B since dec 2008 - no job /w2/paystubs
    HI,

    My spouse has been on H1B since dec 2008(thats when spouse came to USA) - no job /w2/paystubs.

    Do we file married Joint/Married filing separately? Would it be a problem that he has no paystubs when they review the return? Should I not claim his as a dependent to reduce problems?

    Thanks.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Mar 16, 2009, 11:37 AM

    OK your spouse has H1-B. What about you?
    ConfusedDesi's Avatar
    ConfusedDesi Posts: 3, Reputation: 1
    New Member
    		  
    #3

    Mar 16, 2009, 11:40 AM
    I am on H1B as well. Since oct 2007.
    I filed as single -1040NREZ last year as I was on OPT for the first part of 2007 and unmarried at that time.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #4

    May 7, 2009, 11:58 AM
    Yes, you can and should file jointly. She will have to sign a statement choosing to be treated as a resident alien for all of 2008, AND any income earned in her home country must be declared on that tax return.

    The extra tax on her home country income can be offset by either claiming the Foreign Tax Credit (Form 1116) or the Foreign Income Exclusion (Form 2555).

    If you need professional help, email me at [email protected].
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

US Citizen married filing separately, spouse lives outside US: does spouse need ITIN? [ 7 Answers ]

Hello. I am a US Citizen living in the US full time. My husband is German, living in Europe full time. We got married in the US in September 2006. My husband is applying for a green card but meanwhile cannot enter the US, due to immigration rules. Therefore we have not lived in the US together...

Married in 2008. Should I file jointly with my spouse on H1B ? [ 6 Answers ]

Hi, I was on OPT from Jan 2008 to June 2008 and then on H1B from Oct 2008 -Dec 2008. My husband has been on H1B for over 6 years and is considered a resident alien. Since I was on OPT I did not pay Social security and medicare taxes from Jan-Oct 2008, only from Oct - Dec 2008. My question is :...

H1B W2 with missing paystubs [ 3 Answers ]

Hey Folks, I am on H1B and working for company A. I haven't got paid since Nov 2008 to till date. But then, my employer provided my W2 Form for earnings between Jan to Oct 08. Can I file my tax returns for partial year being on H1B? Would this affect my H1B status? If so how would it be...

H1 transfer without paystubs [ 1 Answers ]

I am in USA with H1 from company A. Another company B has interviewed and they want to transfer my H1. But as I came to US just before 2 weeks, there is no pay stub from company A. Is it possible for me to apply for H1 transfer without paystub? If so, within howmany days Company B needs to apply...

View more questions Search