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jr_23 · Jul 3, 2010, 09:12 PM

Hello:

F-1 student (2007-2009), married in 2009, wife joined me only in Oct 2009. We are not from India, so how do I classify my wife for tax filing purposes? Do I file married filing jointly and attach a W-7 for my wife?

Making matters a bit complicated, we are now in Canada, so I am not sure if we can even apply for the ITIN/W-7.

How does this impact state taxes?

MukatA · Jul 3, 2010, 11:34 PM

If you are not a resident of Mexico, South Korea, Canada or India, you can not claim your wife. So for this purpose you will not get ITIN.
For the state you live in, you are resident or part year resident.

jr_23 · Jul 7, 2010, 05:05 PM

I don't understand your statement, claim my wife as my spouse? How is that not possible? I didn't mean claiming her as a dependent, but of filing jointly Married filing jointly or married filing separately? I realize that there might be no change to the actual refund I get... but that's besides the point.

I have to file as a resident for tax filing purposes as I've been in the US since 1999 (F1/h1B and then most recently f1 again). I was hoping someone can clarify which status I can file under (as noted above). After reviewing a few forums and IRS reg's, I feel I need to do the following.

File 1040EZ (or 1040A 1040 as appropriate if I have cap gains etc), either file Married filed jointly or separately, leave my wife's SSN area blank, but then file the W-7 for her and send return to the Austin processing center. Then, wait for until IRS processes the doc's and ITIN and thereafter only complete the State filing. Unsure why I would be a non-resident for state taxes if I am a resident for federal - for the state I lived in 2009. Thanks.

MukatA · Jul 8, 2010, 04:31 AM

In my previous post, I assumed that you came to U.S. on F1 in 2007 so you can only file nonresident tax return. So ignore my previous post.

jr_23 · Jul 10, 2010, 11:14 AM

Hi MukataA,

Your advice is not correct or unclear. I have spoken to two tax professionals who have verified that I do need to 'claim' my wife on my taxes. You might be meaning claim as a dependent, yes, that I cannot do, but your advice is not clear... simply saying cannot claim is not accurate.

Only citizens of the countries mentioned above can CLAIM a spouse as a potential dependent. Legally, one is bound to claim one' civil status, i.e. single, married etc, so how do you propose I file taxes when I am married? Single? That's just lying.

AtlantaTaxExpert · Jul 12, 2010, 10:21 AM

Unless you are from India, South Korea, Canada or Mexico, you CANNOT claim your wife as a dependent.

However, that does not change the fact that you are married. You will file as a non-resident alien and file as a MARRIED non-resident alien. Thisrequires you use the Married Filing Separately tax table, which will probably result in the same tax as if you filed as SINGLE.