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

    Feb 15, 2008, 02:29 PM
    Us Tax reutrns spouse in India
    I am married and have H1B Visa. I have worked in US from 02/09/2007 to 10/13/2007.
    My wife and Kid are in India and they do not have dependent visa and never been in US. She does not have any income in India. I am going to file tax return.

    What is my marital status for tax purpose?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Feb 29, 2008, 01:36 PM
    Since you did NOT end the year in 2007 in the U.S. you CANNOT file jointly with your wife.

    You must file a dual-status return, but you CANNOT claim eith your wife or child as dependents because they were NOT in the U.S. at ll in 2007.
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