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    sunny_ps's Avatar
    sunny_ps Posts: 1, Reputation: 1
    New Member
     
    #1

    Dec 22, 2008, 12:28 PM
    Resident Alien on H1, wife is staying outside USA, moving to US on h4
    Hi,
    I'm on H1B for last 1.5 years and a Resident Alien (I met the Substantial Presence Test). I got married in Nov. 2008 and my wife is not yet moved to USA (filed for her h4).
    Can I file my tax return with MFJ status once she reaches here or it will be Single status only?
    Thanks in advance.
    IntlTax's Avatar
    IntlTax Posts: 831, Reputation: 23
    Tax Expert
     
    #2

    Dec 22, 2008, 08:42 PM

    You can file jointly with her. She will have to include her worldwide income on the U.S. tax return. She will need an ITIN. Include Form W-7 and applicable documents attached to the front of Form 1040 and send to address in the instructions to Form W-7.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #3

    Dec 23, 2008, 07:11 AM
    The best identifying document to submit with the W-7 is a notarized photocopy of her passport.

    If you live in India, getting such a photocopy properly notarized is difficult (the IRS will only accept copies certified/notarized by either the U.S. Embassy or a U.S. consulate office). Hence, it would probably be better for you to wait until she arrives in the U.S. then get the passport photocopy notarized at your local bank or at a local IRS office.

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