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

    Feb 8, 2011, 07:52 AM
    Filling a Joint Tax Return
    My wife is in k visa and not working and I am an US citizen and working. And we just got married Oct. 2010, can I file a joint tax return as married even if she is not working and not a U.S. Citizen yet?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Feb 20, 2011, 12:12 AM
    Yes, you can file jointly. She will have to sign a statement that she CHOOSES to be treated as a resident alien for ALL of 2010, and declare all world-wide income.

    If she has no SSN, you also need to submit Form W-7 to get her an ITIN.

    If you need professional tax help with this, email me at [email protected].
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #3

    Feb 20, 2011, 04:05 AM

    You can file joint return if when your spouse is foreign alien and has never been to US.
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