[kk1982]

I am a resident alien on H1 visa in the US. My spouse quit her job and joined me as dependent on H4 visa on 12th DEC 2009. She was working until Nov 09 in India. So I have these questions.

1. Should I file as Married Filing Jointly or Separately ? Can she be counted as resident alien ?
2. Do we have to show her income that she earned in India till Nov 09 and the taxes she paid there ? Will that help fetch more refund ? Or can I choose not to show her income at all ?
3. I was taxed as a SINGLE for the whole of 2009, all my paychecks show me as single, which means more tax withheld by IRS, so will I get more refund if I file as MARRIED when I was actually taxed as SINGLE. My W2 shows me as married ?

[MukatA]

1. Yes you can file joint return or as married filing separately. On the separate return, for SSN of spouse enter N.R.A.

2. On the joint return, both must report worldwide income. Attach W-7 (ITIN application) with the tax return.
If any one of you have any foreign income, and on that income you paid taxes in the foreign country, then you can claim foreign tax credit (Form 1116) or you can use Foreign Earned Income Exclusion (Form 2555). Your U.S. Tax Return: U.S. Citizen or Resident with Foreign Income

[kk1982]

1. Is my wife eligible to use Foreign Earned Income Exclusion (Form 2555) if she was in the US only for 60 days in 2009 ?

2. To use foreign tax credit (Form 1116), do we need to produce any tax documents from India, showing the taxes she paid there?

[kk1982]

1. Is my wife eligible to use Foreign Earned Income Exclusion (Form 2555) if she was in the US only for 60 days in 2009 ?

2. To use foreign tax credit (Form 1116), do we need to produce any tax documents from India, showing the taxes she paid there?

[MukatA]

1. To be eligible to file Form 2555, you must meet Physical Presence Test or Bona Fide Residence Test.

2. You do not need to attach any document with you tax return. You must keep have some proof with you in case IRS has a question.