[muchiko19]

HI Guys!


I am on H1b Visa and my husband got here in May 2008 as H4 dependent (meaning he can't work and is dependent upon my income)

What Tax form should I use?

Also I'm confuse with this personal exemption explanation I got from the IRS website:

Your Spouse's Exemption

Your spouse is never considered your dependent.

Joint return. On a joint return, you can claim one exemption for yourself and one for your spouse.

Separate return. If you file a separate return, you can claim the exemption for your spouse only if your spouse had no gross income, is not filing a return, and was not the dependent of another taxpayer. This is true even if the other taxpayer does not actually claim your spouse as a dependent. This is also true if your spouse is a nonresident alien.

Head of household. If you qualify for head of household filing status because you are considered unmarried, you can claim an exemption for your spouse if the conditions described in the preceding paragraph are satisfied.


----- so does that mean that even if he is my dependent I cannot file him as a dependent since it says that the SPOUSE can never be considered as a dependent? How can I file for his exemption then?


Please HELP!


Thanks in advance

[MukatA]

You can file joint return as residents. If your spouse does not have SSN, attach W7 (ITIN application for your spouse) with the tax return.

[weichoong]

Hi I am going to join my wife in Texas on an H4 visa, as an Alien Resident. I can't work and don't intend to earn any income in the US. Do I still need to file a tax return?

Thank you.. Lam