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sajjad.somjee · Mar 2, 2011, 10:26 PM

Hi: I started working in US from 1 August 2010. I have my wife with me in US on H4 visa. Now am I eligible to file the tax returns and if so can you please point towards any complications that I may need to take care of.

Plus, do I need to file what I was earning back in my country (Pakistan) before I moved to US? i.e my earnings and tax returns in Pakistan for Jan 2010 - July 2010?

Thanks,
Sajjad Somjee

MukatA · Mar 3, 2011, 01:29 AM

You have two choices.
Choice 1: You did not complete SPT in 2010, you can file non-resident tax return. You can also deduct moving expenses for the family. Use Form 3903.

Choice 2: You can file resident tax return as Married Filing Jointly. You must wait to file your tax return till you meet the Substantial Presence Test in 2011. Read Your U.S. Tax Return: Substantial Presence Test
You will get standard deduction of $11,400 and exemptions ($3,650 each) for both of you. You must both declare your worldwide income for 2010. If you have any foreign income, and on that income you paid taxes in the foreign country, then you can claim foreign tax credit (Form 1116) or you can use Foreign Earned Income Exclusion (Form 2555). Read: Your U.S. Tax Return: U.S. Citizen or Resident with Foreign Income
You will complete forms W7 (application for ITIN) for your spouse and attach with your tax return. You can also deduct moving expenses. Use form 3903.
File state tax return only after you get ITIN. Make sure to pay any tax due on or before April 15, 2011. If needed, file for extension.