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vivek346 · Apr 9, 2009, 03:47 PM

Hi,

I am a student on F1 visa. I started my studies in USA in Sept 2007.
I got married in December 2008 in India and my wife has not arrived in USA till date. She is still working in India. Hence she does not have a SSN or ITIN.

1. While filing federal taxes what is my filing status?
2. If I claim exemption for my wife what all additional documents do I need while filing my USA taxes (regarding her income in India or regarding her ITIN).

3. What is my filing status while filing CA state taxes?
4. Do I need my wife's signature on any of the documents while filing my taxes? If yes, she being in India can I ask her to fax me a signed copy of the forms and then sign the same forms (my signature) and send them for filing taxes.

I would be immensely grateful if you could please let me know the answers to these questions.

Thanks a lot,
Vivek

MukatA · Apr 9, 2009, 07:31 PM

On F1 you are exempt from residency for 5-years. You must file non-resident tax return Form 1040NR or 1040NR-EZ and Form 8843.

Your income is not subject to FICA taxes but you must pay federal and state income taxes.

On your income you will get deduction based on tax treaty between the U.S. and your country. Since you are from India, as per tax treaty, you will claim standard deduction of $5,450 instead of itemized deduction. You can also claim exemption for your spouse if she did not have any income in 2008. Attach W7 (ITIN application) with your tax return.
Read: Your U.S. Tax Return: U.S. Tax Filing Requirements for Non-Residents