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ArkMedis · Jan 31, 2009, 08:23 PM

My wife and I, both are Non-immigrants (on H visa) filed joint return in 2007. However, She left USA by end of Feb 2008 to our native country and stayed till end of 2008. She will be back by March 2009.

Can I file jointly this year also?

She has an SSN since she worked here earlier. However she is in H4 now and no longer works here.

raynarambo · Jan 31, 2009, 08:30 PM

I don't believe you can file a joint return as residents, especially state returns, because you had to be a resident for at least half of the year. Being that she left in Feb. that is over the mark and means she has not resided her for half the year or more.

ArkMedis · Jan 31, 2009, 08:33 PM

Thanks for the immediate response.

I am in Texas so there is no state tax. How about the federal tax?

MukatA · Jan 31, 2009, 10:31 PM

Yes, you can file joint return even if you wife has never been to the U.S. You must both report worldwide income.

raynarambo · Feb 1, 2009, 02:59 AM

I am not sure on Federal but I thought you had to reside in the US for at least half the year to be considered a resident, but I may be wrong. Here is the IRS Help line number. I would say before I do anything give them a call. No matter what they will know the right answer to your question. Better safe than sorry I always say.
Telephone Assistance for Individuals:
Toll-Free, 1-800-829-1040
Hours of Operation: Monday – Friday, 7:00 a.m. – 10:00 p.m. your local time (Alaska & Hawaii follow Pacific Time).

MukatA · Feb 1, 2009, 04:04 AM

A U.S. citizen or resident, even married to a foreign person who has never been to the U.S. can file joint return as residents.

ArkMedis · Feb 1, 2009, 09:42 AM

Thanks MukatA and raynaramno..

I am not an US citizen. I am on H1B visa here. That puts me in the "resident" status you have mentioned. Isn't it?

My wife is not working (worked) in 2008. Do I need to report even $0 income as well ?

AtlantaTaxExpert · Feb 2, 2009, 02:58 PM

ArkMedis:

YOU are a resident alien. Your wife can file jointly with you and CHOOSE to be treated as a resident alien regardless of her physical location! She could be on Mars for all the IRS cares.

The only drawback is that ALL income from BOTH joint filers has to be reported, even if earned in a foreign country.

ArkMedis · Feb 3, 2009, 10:23 AM

Thanks for your response.

Do I need to submit any forms even if my spouse hadn't worked at all during the whole year?

AtlantaTaxExpert · Feb 9, 2009, 10:21 AM

Negative. You need NOT prove she had no income.

ArkMedis · Feb 14, 2009, 03:54 PM

Thanks everybody.

AtlantaTaxExpert · Mar 4, 2009, 04:30 PM

Glad to help!