Ask Experts Questions for FREE Help !
Ask
    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.
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Self, a resident alien and wife a non resident alien [ 1 Answers ]

Hi, I looked around for answers on this forum for my case but could not find any that could answer my question. Your views are most kindly appreciated. I am currently on H1-B Visa and according to the Substantial Presence Test, I qualify to be a resident alien for 2007. However my wife who...

Me-->Resident alien; My wife-->Dual status, Can I file 1040 [ 3 Answers ]

Dear All; I have a question. As I am here in the US more than 5 years under F-1 visa, I am considered resident for tax purposes. However my wife is dual status alien(Thanks to Atlanta Tax expert for the sticky, she passes all 3 requirements) Can I file regular resident return married filing...

1040NR -> 1040: Non-resident Alien to Resident Alien? [ 1 Answers ]

I've heard a rumor that after 5 years of being an international student filling out 1040NRs, you are supposed to start filling out a 1040 instead of a 1040NR. I've been in the States since 2001 (F-1 undergrad, then 1 year of F-1 OPT, and now with a new F-1 for grad school), 6 years so far and...

Moving expense deduction for new permanent resident alien [ 1 Answers ]

Hi, Myself and family arrived in USA in May 2006. We are permanent resident aliens with green card holders. We travelled from a Middle east country after got the immigration on a job offer for me as registered nurse. I paid $5000 for air tickets for me and family. Our filing status is MFJ. Ticket...

View more questions Search