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    immunoarun's Avatar
    immunoarun Posts: 6, Reputation: 1
    New Member
    		  
    #1

    Mar 28, 2010, 06:27 PM
    J-1/J-2 tax returns
    Hello all,

    I am on a J-1 visa and my spouse is on a dependent J-2 visa, but she has an EAD and has been working in the past year. In my 2008 returns (used form 1040NR), I claimed her as a dependent, but she didn't have a job at that time.

    I am into my second year of J-1 visa and so still have the exempt status. My questions are as follows;

    Can, I claim her as a dependent and file 1040NR?
    Does she have to file a separate 1040NR, because there is no option to file jointly?

    Any help is deeply appreciated. Looking forward to your responses.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Mar 29, 2010, 09:00 PM

    You can not claim exemption for your spouse unless you are from Canada, Mexico or Korea.
    If you are a student from India, you can claim exemption for your spouse if she did not have any income.
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