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    balajisetty's Avatar
    balajisetty Posts: 1, Reputation: 1
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    #1

    Mar 5, 2010, 09:11 AM
    I am on H1 form 02 Oct 2009 and married. Should I file 1040 ?
    I am married and wife is on H4. Can I file jointly ? SHe doesn't have SSN/ITIN
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Mar 5, 2010, 11:48 AM

    Yes, you can make First Year Choice to file resident tax return as Married Filing Jointly. You will have to wait to file your tax return till you meet the Substantial Presence Test in 2010. Your U.S. Tax Return: Substantial Presence Test

    You will get standard deduction of $11,400 and exemptions ($3,650 each) for both of you.

    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). Your U.S. Tax Return: U.S. Citizen or Resident with Foreign Income

    You will complete forms W7 (application for ITIN) for your spouse and attach with your tax return.
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