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    ad2001's Avatar
    ad2001 Posts: 3, Reputation: 1
    New Member
    		  
    #1

    Mar 1, 2013, 06:22 PM
    H4 spouse has income before marry.. how should I file tax?
    Hi,

    I'm a H1B holder and I just got married in the end of Dec in another country. She is now moved to the US with the H4 VISA. She's been working for the first 10 months of last year, and stopped working afterward.

    I'm just wondering if she needs to file for tax this year?

    Do we need to file jointly or separately?

    Thanks
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Mar 1, 2013, 07:03 PM
    More than likely, filing jointly is your best option, but I would need to see how much she earned and how much YOU earned.

    Also, knowing your home country would be helpful.
    ad2001's Avatar
    ad2001 Posts: 3, Reputation: 1
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    #3

    Mar 1, 2013, 07:09 PM
    She's from Hong Kong. Is it possible for her not to file tax at all since she arrive the US in Jan?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #4

    Mar 1, 2013, 07:17 PM
    Yes, no tax return is required from her IF you file by yourself, filing Married Filing Separately.

    But filing jointly MAY me advantageous, because you can declare her income on Line #7 of Form 1040, then EXCLUDE it using Form 2555.

    Email me with the income figures and I can do some modeling.

    If you believe that you will need professional help filing this year, this IS what I do. Please double-click on my name (Atlanta Tax Expert) above to access my profile. You will find my email address in the signature portion of the profile (scroll down to the BOTTOM of the page).
    ad2001's Avatar
    ad2001 Posts: 3, Reputation: 1
    New Member
    		  
    #5

    Apr 11, 2013, 12:27 PM
    Sorry for the late reply..

    As I said, we married in December in Hong Kong , and she's been living in Hong Kong since she was born. We moved back to the US in January. So her residency of the entire 2012 should be considered as in Hong Kong right? I'm just not sure why she needs to pay tax to the US for the year 2012 even though she has no business what-so-ever in the US.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #6

    Apr 13, 2013, 11:37 AM
    If you file jointly, ALL world-wide income for BOTH of you must be declared.

    After that declaration, you can exclude her income using Form 2555.
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