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    spark8791's Avatar
    spark8791 Posts: 1, Reputation: 1
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    #1

    Feb 1, 2011, 10:20 AM
    Wife as dependent on taxes while not present in the US, and applying for ITIN
    Hi,

    We got married in December, and my wife arrived in the US on Jan 1st this year. I am presently on an H1B visa.
    1) Can I clam my wife as a dependent while filing tax returns for last year (2010), as she was physically not present in the US in 2010?
    2) Can I apply for my wife's ITIN along with the federal tax return?
    3) In the W-7 form, there are a couple of options, "Dependent of U.S. citizen/resident alien", "Spouse of U.S. citizen/resident alien ", or "Dependent/spouse of a nonresident alien holding a U.S. visa". Since I have been filing my taxes as a resident alien (more than 5 years in the US) for the last couple of years, what option should I choose for my wife?
    'Thanks for your help
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Feb 1, 2011, 10:23 AM

    Spouse is never a dependent. You can file joint return as residents. File W-7 (ITIN application) with your tax return. Your U.S. Tax Return: Filing Status for Married
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