[shaell]

Hi folks,

Great forum here ! Well I am pretty confused about all the taxes and procedures. But I have been reading a lot, especially the questions posted on this site. Let me just give you a quick flash of events before I post my questions.

Sept 2005 - Arrived in US from INDIA on an F1 Visa.
Feb 2006 - Got married in the US. My wife is a non-resident alien (Mexican National) with a
Multiple entry visit visa for US. She does not work.
April 2006 - No F1 income in 2005, did not file form 8843 (I know plain ignorance)
April 2007 - No F1 income in 2006, did not file form 8843 again
Nov 2007 - Graduated
Nov 2007 - Oct 2008 on OPT
Feb 2008 - Got a job
Yesterday - Employer sent W4 form
Today - Confused
Tomorrow - This site is going to come to my rescue.

Things I know:
1. On OPT I am exempt from FICA and Medicare taxes
2. Will file 8843 before deadline this year.

Things I need to know:

1. Should I be filling as married ? OR bcoz my wife is a non-resident alien I am unable to do so ?

2. Can I claim 3 allowances in the W4 (A, B and C) ?

3. Dumb question. Do I need to prove to the IRS that I am married by sending my marriage certificate or something?

Thanks guys/gals, any help would be appreciated.

[MukatA]

For 5 years on F1/OPT you are nonresident. Since you are from India, as per tax treaty you will get standard deduction, your own exemption (this is allowed to all nonresidents) and exemption for your wife (if she did not have any income).

So on W4 claim 2 allowances if your wife is working or 3 if your wife is not working.
Based on what you put on your W4, your employer will withhold taxes from your wages. It your withholdings are less than your actual tax as per your tax return, you will owe tax and may even have to pay interest and penalty. If your withholding are more than your actual tax, you will get a refund.

[shaell]

Hi MukatA,

Thanks for your response. Well judging from your answer, I should be filling as married & claiming 3 allowances as my wife is not working. But here is the thing the throws me off balance.

3 ( In the W4)

X Single X Married X Married, but withhold at higher Single rate.

Note. If married, but legally separated, or spouse is a nonresident alien, check the “Single” box.


Which box do I check? According to the note I should be checking the "Single" box right?
But then does that mean I would be filling as a single and can claim only 1 allowance?

Again My wife is on a Multiple entry visit visa to the US, she stays with me in the US 5 months in a year. She does not work.

Thanks

[shaell]

Anyone..?

[AtlantaTaxExpert]

Claim TWO exemption at the MARRIED rate. That ensures that you will have enough taxes withheld if you are the sole worker.

If your wife works, claim ONE exemption at the SINGLE rate.