[Kdude]

Hi,

I have been on H1B visa for 5 years now. I have been filing 1040A for my taxes.

I am thinking about getting married this year. I intend to bring my wife here on H4 in December 2009.

1) What is the eligibility to claim wife (on H4 visa) as a dependent, if she comes here in December 2009 ?

2) If she comes in November 2009, will that meet eligibility ?

3) How should I be filing my taxes for 2009, if I get married in December and my wife comes to USA in January 2010 ?

Thank you for taking the time to read and reply.

[AtlantaTaxExpert]

1-3) You cannot claim your wife as a dependent. You CAN file jointly with her for 2009, provided you are married on or before 31 December 2009 and she chooses in writing to be treated as a resident alien for all of 2009. Her physical location is irrelevent; she could be on Mars for all the IRS cares.

[Kdude]

Thank you AtlantaTaxExpert !

One follow up question

Same context applies - marrying dec 2009, wife coming to USA in Jan 2010 on H4.

If I file married filing jointly would I be saving on taxes in 2009 on standard deductions as compared to filing single ? Round about how much ?

[AtlantaTaxExpert]

That depends on your overall income level.

If you file single, you will get a $3,600 personal exemption and about a $5,550 standard deduction, for a total of $9,150.

Filing jointly DOUBLES that total to $18,300.

[MukatA]

On the joint return, you must both declare your worldwide income for 2009. If your spouse paid taxes in foreign country, then she can claim foreign tax credit or get foreign earned income exclusion.