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souvenir0111 · May 17, 2011, 01:30 PM

Hi David,

I am currently in California and have been on F1 visa since 2008 January.
I got married in India in January 2011. My wife has yet to enter the US and intends to do so only in December 12 (on an h4).
I am working with a company for 3 months now and provided my status as Married, total number of allowances I am claiming is 1 on w4.
Assuming my salary is 75K/annum, my company is withholding only 15% of my salary.
My status will change from F1 to H1 in October 2011

My question is related to filing my tax returns in 2012 for 2011.

Q1) I would like to know if I should make any changes to my W4 to prevent myself from owing a big amount to IRS.

Q2) I would like to know if I am allowed to file as Married Jointly

Q3) From previous posts I have a fair a idea that I will have to apply for an ITIN (via W-7)
While filing my tax return. However the W7 (6d) ask for "Entry date in US"; which she obviously does not have. Can it be left blank ?

Thank you for your time.

AtlantaTaxExpert · May 17, 2011, 01:52 PM

The location of your wife is irrelevent; you can still file jointly with her for 2011 as long as you are legally married on or before 31 December 2011.

That being the case, claiming MARRIED with ONE allowance on your W-4 should result in your employer withholding enough to cover your tax liability with a small-to-medium refund.

You can submit the Form W-7 WITHOUT an entry date to get your wife an ITIN. The only complication will be requirement that your wife sign BOTH the joint return and the Form W-7, but it CAN be done. I have successfully filed joint returns for married clients who are in both countries for the past ten years.

Indian CPA · May 17, 2011, 07:21 PM

Since you wife intends to join you in December or before you file the return, applying for ITIN should not be an issue.

Married with one allowance should give a decent refund.

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souvenir0111 · May 17, 2011, 08:51 PM

Currently, I am on F1 and am exempted from Social security tax and Medicare until I start working on H 1 from October, 2011.

I read some articles where people were saying that one has to file his returns as a resident alien and not as a non-resident alien in order to claim exemptions for the spouse and file the returns as Married Jointly.

Question 1: Is that true?

Question 2: If it's true, then what about the non-payment of SOcial security tax and medicare during Jan-Sept 2011? Do I owe this to IRS at the end of the year. If yes, then it'll turn out to be a big amount for me.

Your reply is appreciated.

Thanks for your time.

souvenir0111 · May 17, 2011, 10:10 PM

Hi Indian CPA,

My wife will come to USA in December 2012.

MukatA · May 19, 2011, 05:20 AM

If you get H1 in October 2011, for 2011 you can choose to file joint return as residents. Both of you must report worldwide income for 2011.

Indian CPA · May 19, 2011, 07:48 AM

If your wife do not have high income from India, you will be better off filing Joint as residents.

Indian CPA
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souvenir0111 · May 19, 2011, 02:29 PM

The question is, will I have to pay social security and medicare tax for the period Jan 1st-Sept 31 that I did not pay when on F-1?

Indian CPA · May 19, 2011, 02:37 PM

While on OPT you do not have to pay Social Security and Medicare Taxes. Once your Status is changed to H1, you will start paying.

Indian CPA
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Indian CPA · May 19, 2011, 02:45 PM

You do not have to pay for the period Jan-Sep.

souvenir0111 · May 19, 2011, 06:03 PM

Thanks sooo much everyone of u...