[vancho]

Hi, me and my wife and son claim taxes for last 4 yeas married filing jointly. My wife start working for Worl Bank Group since may 2011, She change her status from H1 to G4. I enter to G4 visa status on Sept 2011, before I got nothing and I was using ITIN. We know her income is not taxable from the world bank, but bouth worked previosly and we have are W2 for 2011. HOW WE CAN CLAIM ARE TAXES 2011. Please any idea or help, thank you.

[AtlantaTaxExpert]

When your wife, then you, got the G-4 visas, you effectively became non-resident aliens.

For sure, you can each file a dual-status return, but your post is NOT clear whether you both have income for jobs in 2011. Please clarify.

Now, you MAY have the option of filing a joint return, filing Form 1040, while claiming exempt status for the G-4 portion of your stay. I would have to do some research to make sure this was proper, but I think this IS a viable option. If you use my professional services, the research is free.

If you my professional help, double-click on my title above and scroll down to my profile/signature. You will find my email address there.

[vancho]

My wife was holding a H1 visa and she was working for a company until may 2011, that's why she got w2, and them she change her status to g4 when she start working for de World Bank Group in may. Me I was not legally here that is why a was claiming my income taxes with ITIN and of course a was working, then I enter to G4 visa in Setp. 2011.

[AtlantaTaxExpert]

Okay, so if you are NOT working, then you have NO income.

You have NO requirement to file a tax return IF you had no U.S.-sourced income. This being the case, your WIFE can file a dual-status return and claim you and your child as dependents on that return. If her itemized deductions are high enough, that may be as advantageous tax-wise than filing a joint return, plus it is the SAFER way to file.

Whoever does your return should model it both ways to see which is the best course of action tax-wise.

[vancho]

Remember I Said I was working from January 2011 until August 2011 that is why I have my w2, then on setp 2011 I enter to g4 status

[AtlantaTaxExpert]

If you both have income, you can BOTH file dual-status returns or, if the research says it is allowed, you can file jointly and submit Form 8833 to exempt the income earned while under the G-4 visa.