[saffect]

Hi,
I am on H1 Visa and came to U.S on 17th April 2011 (having SSN No.) 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) My spouse do not have SSN No. Understand that I need to go for W7 form for ITIN.

Can you please tell me which form should I complete to Tax filing along with the what are the deductions which I can claim like Standard (11600) & Personal Exemption (3650)

Thanks
Sandeep Singh

[MukatA]

If you were not in US in 2010, you are dual status for 2011. So you have two choices:
1. File dual status tax return or
2. File joint return as residents. If you file joint return, both must report worldwide income for 2011. If you paid taxes in foreign country, file form 2555 or 1116. Your U.S. Tax Return: U.S. Citizen or Resident with Foreign Income
You will attach W-7 (ITIN application) with your tax return.
Note that spouse is never a dependent.

[AtlantaTaxExpert]

Agrred, with ONE caveat: Your spouse is never your dependent if you file as a RESIDENT.

If you file a dual-status return, THEN your spouse CAN be claimed as a dependent.

However, in all likelihood, filing JOINTLY is MUCH better tax-wise.

The return SHOULD be modeled BOTH ways to determine which is best.

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