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    ar0923's Avatar
    ar0923 Posts: 1, Reputation: 1
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    #1

    Mar 24, 2012, 06:56 PM
    Including H4 non resident alien not physically present in US in 2011 on tax return
    Hi,

    I am currently in the US on H-1B visa (since Oct 2010). I pass the substantial presence test and hence I am a resident alien for tax purposes for 2011 tax season. I got married in Nov 2011. My wife has a H4 Visa (issued in Jan 2012). Her first visit to US was from Jan 12 2012 - Mar 1 2012 on H4 status.

    My wife was physically not present in the United States in 2011. So my questions are:
    1. Can I include my wife in my tax return and file as "married filing jointly" for 2011. If no, what should be my filing status for 2011?
    2. If I file as "married filing jointly", can I claim exemptions and standard deduction for my wife even though she was not in the US in 2011?
    3. Do I have to make a statement to the IRS to treat my non resident spouse as a resident for tax purposes?
    4. Since my wife is new to US, I believe I have to apply for an ITIN (form W7) for her and mail our joint return to ITIN operations section of IRS. Is that correct? Is there anything else I need to do to complete my return?

    Thanks and appreciate your help.

    Best,
    Ar0923
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Mar 25, 2012, 10:23 PM
    1. Yes, you can file joint return as residents for 2011. Both must report worldwide income for the year. : Your U.S. Tax Return: The U.S. Visas
    2. Yes
    3. no
    4. Complete your tax return and attach W-7. Mail it to ITIN processing center.
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