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    Masin's Avatar
    Masin Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Mar 31, 2007, 11:05 AM
    Dual Status, currently on H-1B visa - wife abroad
    Hi,

    I am struggling with trying to figure out my filing status. I am married, until April 2006 I was on F-1 visa, currently on H-1B. First of all, am I dual status or not? My wife is in Europe and she is a foreigner too. Do I need to file as single or married? If filing as married, filing jointly or alone? And if I am going to file as married, does my wife have to send the W-7 form even though she has never been to the US?

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

    Apr 4, 2007, 12:56 PM
    Yes, because you converted to H-1B prior to 2 July 2006, you are dual status.

    You CAN file jointly with your wife using the W-7 to apply for an ITIN even though your wife has never been in the U.S.

    Her physical location is irrelevant.
    Masin's Avatar
    Masin Posts: 2, Reputation: 1
    New Member
    		  
    #3

    Apr 4, 2007, 06:41 PM
    One more question... can I make the decision to be treated as a U.S. resident for the entire year? This is pretty confusing again...
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #4

    Apr 16, 2007, 11:25 AM
    Yes, you can and DO if you file jointly with your wife.
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