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subbualur · Oct 15, 2009, 03:40 PM

Hi

Currently I am working on H1B visa. My wife and kid are in india, and probably they may not join with me in this year. Following are my questions
1. While filing the tax returns this year, should I file as single or can I file jointly
2. If I can file jointly, what are the supporting documents required for my wife?
3. Can I claim my wife and son as dependents?

Please answer my questions

Thanks
Subramanyam Alur

AtlantaTaxExpert · Oct 16, 2009, 10:30 AM

Mr. Alur:

1) You can file Married Filing Jointly or Married Filing Separately. Your wife's physical location is irrelevant.

2) You will need to get her an Individual Tax Identification Number (ITIN), for which you must submit a notarized photocopy of her passport which, if originated in India, must also have an apostille attached to it. She must also sign the tax return and the Form W-7 which is the ITIN application.

3) No, you can NOT claim your wife as a dependent if you are under a H-1B visa, nor can you claim your son because he is not here with you in the U.S.