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singhv_1980 · Apr 7, 2008, 02:58 PM

Hi Experts-

I have already filed my return for the FY 2007. But I recently got married in the month March. My wife is in US on H4 visa. It is very clear that in order to claim her as dependent, I will have to file the return for the FY 2008 along with her next yr. This could be done by simultaneously applying for ITIN for her.

Am I correct in assuming that I am good for the yr 2007 and now will have to worry in tax season 2009?

I am not planning to change any of my status in my pay check but rather will claim her as my dependent while filing the return to get some "extra" refund. Is my assumption valid?

Please suggest me if I am wrong here.

Will appreciate your replies.

MukatA · Apr 8, 2008, 12:38 AM

You are not considered married for 2007. Also spouse is never your dependent (according to IRS). You can file joint return.

singhv_1980 · Apr 8, 2008, 08:01 AM

Originally Posted by MukatA

You are not considered married for 2007. Also spouse is never your dependent (according to IRS). You can file joint return.

Thanks for the reply.

Do I need to make any change in my paystub information? Or am I good till 2009 when I will file a joint return along with ITIN for my wife?

Your reply will be highly appreciated.

MukatA · Apr 9, 2008, 05:21 AM

You will file your 2008 tax return as residents. It is up to you if you want to file a new W4 with your employer to have correct withholdings.

About W4, read Your U.S. Tax Return: Filing W4 Employee's Withholding Allowance Certificate

singhv_1980 · Apr 9, 2008, 09:16 AM

Thank you for your reply. Believe me it is helping me a lot.

I tried filling in new W4. It is easy to calculate the number of allowances but got stuck on one question down in the W4 Employe's withholding allowance certificate.

In question 3 - It says check "single" when your wife is a non resident alien.

Now I am a resident alien but my wife came here 3 weeks ago. What would be the correct answer in this? Even if I check single, would I be able to get 3 allowances?

And there is another option in there - "married, but withhold at higher single rate". Can you please explain this?

Thanks much!!

MukatA · Apr 9, 2008, 08:03 PM

You can always claim less allowances than you are entitled to. But you should not claim more allowances than you are entitled to.
If you will get your spouse's exemption of your tax return, file as married.