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

    Feb 27, 2010, 12:54 PM
    Resident alien with non resident spouse with ssn
    Hello,
    I am a resident alien working in the US on H1B. I got married on 10th December 09. My wife was in the US for sometime on J1 visa (before our marriage). So she has a US SSN. She doesn't have any US sources income, but she was being paid by the UK branch of her company.
    She moved to UK in November 09 and came to stay with me for 2 weeks after December 10.

    Can someone suggest me what kind of return should I file? If I file married filing separately, does she have to file her returns?

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

    Mar 1, 2010, 11:48 PM

    You can file as married filing separately or married filing jointly.

    If you file joint return, you must both declare your worldwide income for 2009. If you have any foreign income, and on that income you paid taxes in the foreign country, then you can claim foreign tax credit (Form 1116) or you can use Foreign Earned Income Exclusion (Form 2555). Read: Your U.S. Tax Return: U.S. Citizen or Resident with Foreign Income

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