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sk169 · Jan 15, 2014, 01:41 PM

Hello,

I am currently on a F1 visa in the USA since August 2011. I have filed using the form 1040NR in the past.

On December 3rd 2013, I got married. However, my wife has not come to the USA yet.

When filing income tax returns in a few days in February first week of 2014, can I claim my wife as a dependent for the whole year of 2013? I'm currently in OPT status and started working in July. On the W4 form I filed, I put in single status. Does this have to be updated too?

Since she does not live in the USA, I heard she has to get an ITIN. Can I ask her to send her passport copy notarized and the form W7 signed to me so that I can send it to the IRS along with the rest of the tax forms? Or does she have to apply for it herself from abroad?

AtlantaTaxExpert · Jan 15, 2014, 05:55 PM

To answer your question, I need to know from WHICH COUNTRY did you come?

sk169 · Jan 16, 2014, 08:34 AM

I'm from India but my wife is a Filipino. She lives in Abu Dhabi, UAE right now.

AtlantaTaxExpert · Jan 16, 2014, 09:43 AM

Your wife's nationality is irrelevant.

Per IRS Pub 519, you are allowed to claim your wife as a dependent, but she will need to get an ITIN. That requires the Philippine government to CERTIFY a clear color photocopy of her passport as AUTHENTIC. This can be done by the Philippine embassy in Abu Dhabi, UAE. She must also SIGN the Form W-7 with an original signature, then mail BOTH the SIGNED Form W-7 and the certified passport photocopy to YOU to include with your tax return, which would be Form 1040NR plus Form 8843.

In WHICH state are you currently located?

If you need professional help with this process, email me at the email address in my profile. I routine help clients like your wife get their ITINs.

sk169 · Jan 16, 2014, 10:21 AM

I am located in Overland Park, Kansas.

I can have her get it certified by the philippine embassy and the marriage certificate certified too.

When you mentioned the form 8843, I didn't remember submitting it. So, I went back and looked at the tax return, seems like I didn't actually use 1040NR. I used 1040A. So, that needs amending.

Also, she earned an income of 115,200 AED in 2013 which is equivalent to around 32,000 USD. Would she qualify for housing allowance? She paid a total rent of 24,000 AED which is 6539 USD for the whole year.

Guess, I have a lot of work to do this tax season.

2011 tax returns - 1040X with 1040NR and 8843
2012 tax returns - 1040X with 1040NR and 8843
2013 tax returns - 1040NR, 8843, W-7 and form 2555 for foreign earned income exclusion.

sk169 · Jan 16, 2014, 10:22 AM

Originally Posted by sk169

I am located in Overland Park, Kansas.

I can have her get it certified by the philippine embassy and the marriage certificate certified too.

When you mentioned the form 8843, I didn't remember submitting it. So, I went back and looked at the tax return, seems like I didn't actually use 1040NR. I used 1040A. So, that needs amending.

Also, she earned an income of 115,200 AED in 2013 which is equivalent to around 32,000 USD. Would she qualify for housing allowance? She paid a total rent of 24,000 AED which is 6539 USD for the whole year.

Guess, I have a lot of work to do this tax season.

2011 tax returns - 1040X with 1040NR and 8843
2012 tax returns - 1040X with 1040NR and 8843
2013 tax returns - 1040NR, 8843, W-7 and form 2555 for foreign earned income exclusion.

AtlantaTaxExpert · Jan 16, 2014, 02:31 PM

I have received your email and will respond shortly via email.

For general consumption, Form 2555 will NOT be required, as your wife's income is NOT reported on the Form 1040NR since it is earned OUTSIDE of the United States. You are still allow to claim your wife as a dependent because she has earned ZERO dollars in the United States.