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    immunoarun's Avatar
    immunoarun Posts: 6, Reputation: 1
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    #1

    Mar 29, 2009, 12:11 PM
    J2 visa from India no income
    Hi,

    I came to the US on a J1 visa from India in 2008 and shortly thereafter my wife joined me on a J2. But, she does not have a job. Does she still need to file her returns??

    If yes, which form do I use - 1040NR/1040NR-EZ??

    For tax purposes, will she be considered as a dependent??

    Please help!
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
     
    #2

    Mar 29, 2009, 04:14 PM

    What is J1 for? Student, teacher, intern, researcher...
    You must file nonresident return and Form 8843. Read: Your U.S. Tax Return: U.S. Tax Filing Requirements for Non-Residents
    immunoarun's Avatar
    immunoarun Posts: 6, Reputation: 1
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    #3

    Mar 29, 2009, 04:22 PM
    Quote Originally Posted by MukatA View Post
    What is J1 for? Student, teacher, intern, researcher...
    You must file nonresident return and Form 8843. Read: Your U.S. Tax Return: U.S. Tax Filing Requirements for Non-Residents

    Thanks for the reply. The J1 is for a researcher. But what about for my wife who is on a J2 and without a job? Does she also have to file her taxes?? Can I claim her as a dependent? Thanks again
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
     
    #4

    Mar 29, 2009, 07:22 PM

    J1 researcher do not pay federal income tax for two years. So why do you want to claim your wife as dependent?
    You will file nonresident return and Form 8843. Your wife will file Form 8843 separately.
    Read India U.S. Tax Treaty
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #5

    May 19, 2009, 02:11 PM
    J-1 students and business apprentices/trainees from India CAN claim their spouse as a dependent under the U.S.-India Tax Treaty, but need to pay income taxes on income earned within the U.S.

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