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    sriraj2's Avatar
    sriraj2 Posts: 1, Reputation: 1
    New Member
     
    #1

    Feb 25, 2007, 10:38 PM
    Filling Status-Tax
    Hi
    I was in US for 5 months on H1B(May 2006-Sept 2006).Now I am in India.
    I am married and my wife was in India she haven't received her passport that time.so she didn't travel with me.

    But I got benefits for married person .(s4 Status).

    Now I received my W2 form.I have to file my returns.Here I have issue in filing.

    While filing it is asking for filing status.Which one is applicable for me (Married Filling Jointly or Married Filling seperately).

    For both the status it is asking for Wife's SSN.She is not having SSN or ITIN Number.

    So can you please tell me how to file.

    Regards
    Srinivasan.N
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #2

    Feb 26, 2007, 11:24 AM
    Srinivasan:

    You probably did not meet the Substantial Presence Test in 2006. Unless you were in the U.S. in prior years, it is likely that you must file as a non-resident alien (Form 1040NR or 1040NR-EZ).

    If you are filing Form 1040NR or 1040NR-EZ, you CANNOT claim your wife as a dependent.

    If you need my professional tax help, contact me at [email protected].

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