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thinketh · Jan 5, 2008, 04:31 PM

Hi,

I have been working in the US on H1B since Aug 2006 (more than a year as of date). Last month, in Dec 2007, I returned to my home country to get married. Subsequently, I came back to US to continue working, while my spouse still remains in the home country as she needs to work. We have plans for her to apply H4 to join me later this year in 2008.

Should I fill jointly or separately for 2007 taxes?

If I fill separately, does my spouse need to fill at all since she is not in US and does not have any US-based income? Also, 1040 asks for spouse's ssn if filing separately, but she does not have one. How do I indicate that my spouse does not need to fill?

If I fill jointly, is my spouse a resident or alien, and will her foreign income be taxable? What are some of the forms I should be looking into?

Thank you very much for all your help!

Regards,
thinketh

AtlantaTaxExpert · Jan 5, 2008, 11:04 PM

If you were married in 2007, you can file jointly with your wife even though she is not in the U.S.

As to whether you SHOULD file jointly depends on the circumstances of your case.

MukatA · Jan 6, 2008, 10:37 PM

thinketh is resident for tax purpose. He will file Form 1040 only as Married Filing Jointly or Married Filing Separately.

When he files jointly, his spouce will also be treated as resident for tax purpose. On joint return the standard deduction is $10,700 and two exemptions of total $6,800. But they must declare worldwide income, even from India. If thinketh's spouce has wages in India, she can file Form 2555 to exclude foreign income up to $85,700. For this thinketh needs ITIN for his spouce. They will need to attach form W7 with the return.

If thinketh files separately, he gets standard deduction of $5,350 and exemption of $3,400. He will declare only his own worldwide income.

AtlantaTaxExpert · Jan 7, 2008, 07:38 AM

Agreed!

thinketh · Jan 11, 2008, 02:59 PM

MukatA, AtlantaTaxExpert, thanks for your help.

If I choose to file separately:
1. Do I still need to apply for ITIN for my spouse? Do I need to fill in the spouse SSN box?
2. Does my spouse need to file taxes in this case?
3. Can I check box 6b to claim an exemption for my spouse?

Visa Taxes Expert · Jan 11, 2008, 03:00 PM

I agree with MukatA

thinketh · Jan 11, 2008, 05:22 PM

Yes, I agree too, but my latest question on filing separately is still unanswered:

If I choose to file separately:
1. Do I still need to apply for ITIN for my spouse? Do I need to fill in the spouse SSN box?
2. Does my spouse need to file taxes in this case?
3. Can I check box 6b to claim an exemption for my spouse?

AtlantaTaxExpert · Jan 11, 2008, 09:44 PM

1) Yes, you need the ITIN, because you CAN claim your wife as a dependent if you file separately.

2) No.

3) No, you must list her as a dependent.