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    saffect's Avatar
    saffect Posts: 3, Reputation: 1
    New Member
    		  
    #1

    Feb 16, 2012, 01:35 PM
    Deductions
    Hi,
    I am on H1 Visa and came to U.S on 17th April 2011 and my spouse is on H4 (dependent) Visa and came to U.S on 2nd Dec 2011 , my question is can I claim her as a dependent while filing the Tax return. If "Yes" which form should I fill out (1040EZ, 1040NR or some other form-

    Thanks Mukta for you're the Answer
    "You have completed SPT in 2011. So you are dual status.
    You can choose to file joint return as residents. Spouse is never a dependent. If you file joint return as residents you will file Form 1040 and must report worldwide income for 2011."
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Feb 16, 2012, 02:47 PM
    You CANNOT claim her as a dependent.

    However, You can file jointly with your wife and you both CHOOSE to be treated as resident aliens. This will allow you to claim the $11,600 joint standard deduction plus two $3,700 personal exemptions (for yourself and your wife).

    Your wife probably needs an Individual Tax Identification Number. To apply for an ITIN, you need to complete Form W-7 for your wife. You need to make a photocopy of her passport, then get the photocopy notarized. This can be done at your local bank in most states in the U.S.

    The downside is that you must declare ALL 2011 world-wide income (wife's home country income, if applicable). There is an offset available by either claiming the Foreign Tax Credit (Form 1116) or to claim the Foreign Earned Income Exclusion (Form 2555).

    Even with the downside, this is probably the best way for you to file, if, for no other reason, it gets your wife her ITIN which she will need to file in future tax returns.

    If you want my professional help, double-click on my title above and scroll down to my profile/signature. You will find my email address and websites there.
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