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freddinos2 · Mar 11, 2010, 12:45 PM

I am a greek J1 exchange physician in the US since July 2009.
I got married to my also greek wife in November 2009, and now she is on a J2 visa. She doesn't work, neither plans to work.
How should I file for my taxes? Can I claim her as my dependent?
Thank you,
Em

MukatA · Mar 12, 2010, 12:01 AM

You will file nonresident tax return Form 1040NR or 1040NR-EZ and Form 8843. You can not claim your spouse as dependent. You can claim moving expenses on line 26 of Form 1040NR. Your U.S. Tax Return: Moving Expenses

freddinos2 · Mar 12, 2010, 11:02 AM

Originally Posted by MukatA

You will file nonresident tax return Form 1040NR or 1040NR-EZ and Form 8843. You can not claim your spouse as dependent. You can claim moving expenses on line 26 of Form 1040NR. Your U.S. Tax Return: Moving Expenses

Thanks a lot for your answer. Do you know whether I'll need any supporting documents (i.e. from the moving company etc) to support my claim for moving expenses?
Thanks

MukatA · Mar 13, 2010, 06:43 AM

You do not attach any supporting documents with your return. You may need it if IRS wants it.
You have moved to U.S. so you have deductible moving expenses unless reimbursed by your employer.

freddinos2 · Mar 17, 2010, 12:05 PM

Thanks again for your help. Do you happen to know if I can use a treaty between Greece and USA when filing for my taxes?
I haven't looked it up yet, but if there actually is a treaty are there any restrictions that might be stopping me from being able to use it?
Thanks,

MukatA · Mar 17, 2010, 11:51 PM

Check your visa stamp. Purpose for which you are in the U.S.
For tax treaty read IRS publication 901.

freddinos2 · Mar 23, 2010, 04:48 PM

Originally Posted by MukatA

Check your visa stamp. Purpose for which you are in the U.S.
For tax treaty read IRS publication 901.

Do you know whether I can file electronically? I went to a law office that handles taxes as well to have everything prepared for me, and they insist that I can have everything done electronically.
Thanks,

MukatA · Mar 23, 2010, 08:36 PM

Nonresident return can not be e-filed. Make sure if the law office has knowledge about nonresident taxes.
You can seek professional helf from AtlantaTaxExpert [email protected]

freddinos2 · Mar 25, 2010, 11:00 AM

Originally Posted by MukatA

Nonresident return can not be e-filed. Make sure if the law office has knowledge about nonresident taxes.
You can seek professional helf from AtlantaTaxExpert [email protected]

Thanks for your answer, I really appreciate it and I think you are right, but at the law office I went to they insist on doing it electronically, and they told me it is legit. What can happen if I follow their advice? Am I committing a 'crime' ?

AtlantaTaxExpert · May 4, 2010, 12:44 PM

You are NOT committing a crime per se, because there is NO criminal intent.

However, if they filed electronically, they filed a resident alien tax return (Form 1040, 1040A or 1040EZ) for you, and it is clear that you are NOT a resident alien, so the filed return is NOT correct.

You need to amend the return with Form 1040X and a properly-prepared Form 1040NR-EZ plus Form 8843.

Contact me at [email protected] for the procedure on how we can fix this problem.