[awsule]

I have been on H1B since 2007 and I got married in July 2009. My wife still leaves abroad since she hasn't got her H4 visa yet. Could you advice on how I can file my 2009 taxes since my wife hasn't got her h4 visa yet.

[AtlantaTaxExpert]

You can file jointly even if your wife remains in her hoem country; her physical location is irrelevent!

You can file jointly with your wife and you both CHOSE to be treated as resident aliens. This will allow you to claim the $11,400 joint standard deduction plus two $3,650 personal exemption (for yourself and your wife).

You will need to submit Form W-7 to apply for an ITINs for your wife. A notarized photocopy of their passport needs to be stapled to the W-7. You can get the photocopy notarized at any local bank or, failing that, at your local IRS office if she eventually comes to the U.S. If the tax return is filed with her remaining in her home country, the notarized photocopy may need to be accompanied with an apostille, which is a certification of authenticity from the government agency of the home country that issued the passport.

The downside is that you must declare ALL 2009 world-wide income (any income she earned in the home county), but you can at least partially offset any double taxation by claiming a Foreign Tax Credit (Form 1116).

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

If you want professional help doing this, email me at [email protected].

[awsule]

Thank you so much for the clarification. You all are really fast with providing answers to specific user questions. I really applaud your efforts.

[AtlantaTaxExpert]

Most people will not think I am fast at THIS point in time. :-)