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

    Aug 5, 2013, 01:20 PM
    L1 Visa holder , But family not in US, How to proceed?
    Hi,
    I am L1 Visa holder and I request the below clarifications

    a) what is the minimum number of stay day's in US that qualify me for filing W4 form or tax returns...

    b) what if my wife & child is not in US?

    c) Should I file it as married or Individual?

    d) How many allowances would I be elgible for?

    e) can I claim for child tax credit?

    f) what about of head of household allowance?

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

    Aug 6, 2013, 07:27 AM
    If your income is U.S.-sourced, you must file a U.S. and state tax return if your income exceeds a set amount, regardless of the length of your stay.

    You cannot claim your child as a dependent unless he is physically present in the U.S.

    However, you can file jointly with your wife. You will have to apply for an ITIN for her, for which you will need her passport.

    AND you have to declare all world-wide, to include your wife's salary. Even so, filing jointly is probably your best option.

    On the W-4, claim SINGLE with one allowance.
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