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    banana_2047's Avatar
    banana_2047 Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Mar 16, 2009, 11:53 PM
    My wife with L2 visa did not enter US yet, can I file as married
    Hi,

    I have L1 visa and also have SSN. My wife has L2 visa but she still did not enter to US.

    I am planning to apply for ITIN number for my wife and send the application(W7form) along with my returns.

    In that case can I file my returns as married and claim accordingly? Or is it that she did not enter US in FY2008 I can only file as single?

    Please advice.

    Thanks.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Mar 17, 2009, 02:26 AM

    You can file joint return as residents. Attach W7 (ITIN application) with your tax return. Both must report worldwide income for 2008.
    Read: Your U.S. Tax Return: U.S. Citizen or Resident with Foreign Income
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