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    vengab0yz's Avatar
    vengab0yz Posts: 3, Reputation: 1
    New Member
    		  
    #1

    Mar 26, 2007, 03:18 AM
    L1 Spouse in India Standard deduction / exemptions
    I was on L1 in USA from 01 Jan 2006 till 16 Sep 2006 and was getting salary in USA. However, my wife and 2 kids were in India at that time. Because of kids education they could not come to USA.

    1. Which form I have to use to file the return?
    2. Can I file as - Married filing jointly ?
    3. My wife and 2 kids are depenedent on me. Can I claim the exemption for 3 of them?

    Note: My wife is not working and kids are students.

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

    Mar 29, 2007, 11:47 AM
    You must file a dual-status return, filing BOTH Forms 1040 and 1040NR. You file as Married Filing Separately.

    You CANNOT claim any dependents, since they were not in the U.S. with you.
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