Hi,

I'm on on H1 Visa since last 5 years working for same company. I've been filing my tax returns as a Resident Alien.

Last year I got married and my wife came from India on H4 visa. She is Indian citizen. She is living in US from Feb 2005 onwards. In July of 2005, I applied to IRS to get her Individual Tax Identication Number(ITIN) as she is not eligible for SSN. IRS send me the documents back saying that I need to apply with my tax returns for 2005.

My first question is that currently when I file my 1040, can I claim her as dependent ? She has no income for 2005 as she is on H4.

If I can claim her as dependent with no income then do I need to wait to get her ITIN first or can I file my 1040 (claiming her as dependent) at the same time I apply for her ITIN ? I guess I don't understand the order here. It would be great if someone can explain me the procedure here.

Last question I have is regarding tax withholding from employer. Currently, in my W4, I'm categorized as "Single" because the Line Item 3 states that if your spouse is "Non Resident Alien" then check "Single". As I'm a resdient alien now for tax purposes (even though I'm still on H1), is my spouse considered a resident alien or she is still non-resident alien. I would certainly like to be filed as married as it might withhold less taxes for me from the paycheck. :) Does anyone have comments on this ?

I really appreciate everyone's help here.

Thanks

Sanjay:

Yes, you can claim her as a dependent by filing mattired Filing Jointly. Fill-in the W-7 and attach it to your tax return. The IRS will issued the ITIN and fill it in on your tax return for you. The IRS does this because it simplifies the process for them.

You will have to wait until the IRS notifies you of the ITIN before you can file your state tax return.

As for your withholding, submit a new W-4 claiming at least exemptions as married. Overwithholding gives the government free use of your money.

Hi AtlantaExpert:

Thanks a bunch for the prompt response. I really appreciate the help.

I will be using TurboTax to fill out 1040 and then print it and submit it with W7. I usually do the E-File but I guess this year I will have to send it by mail.

Thanks again.

Sanjay

Yes, unfortunately you cannot file W-7 electronically!

Glad to help!

Hi Tax Expert,

I am in the similar situation as Sanjay.But my problem is I could not prepare a tax return using any of the tax software because it does not allow me to add my wife as a dependant(since she is on H4 visa). I met couple of local tax consultant(including HRBlocK),no body understands my situation.

Could you please provide some suggestion.OR could you suggest some tax consultant who is expert on W7 and Resident alien situation.

Also,do you provide a service for preparing.If so,could you please let me know,this is my email id [email protected]

Thanks and Regards
Saminathan

Saminathan:

I will be e-mailing you.

Hello AtlantaTaxExpert,
I am in the same scenario as Saminathan. My Email id is [email protected]. Can you please tell me how to proceed.
I filled my returns last year using Turbotax online. But this time Turbotax says that I cannot report my wife as dependent. How to proceed with it. Do I need to go for paper based forms? I would appreciate if you reply me.
Thanking you
Kandukondein
My Email:[email protected]

Hi,
I am also in a similar situation. I am on H1 visa, while my wife came to US on H4 visa on Nov 20th. So she does not qualify to be a dependent based on the 'substantial presence test'.

Does that mean I can file for taxes as 'married filing jointly' ? I normally fill 1040EZ form when I was single. Would I still be able to use it or do I need something else?

Kindly advise...

Thanks!

Wisperer:

Even though your wife does not qualify as a resident alien, YOU do, so you can file married filing jointly and she will be treated as a resident alien.

Hi,

What if I got married in December '05 and my wife will not be coming till Nov'06, can I still file jointly for 05?

Thanks in advance for your help,
cshah

CShah:

How long have you been in the U.S. what is your visa status and from what country do you come from?

These issues affect my answer, so I need to know.

Hey thanks for your prompt reply and my bad for not making things clear.

I have been in US for more than 5 years now and currently I am on H1 B visa (before I was on F1).

I am from India.

Once again I got married in December '05 and my wife will not be coming till Nov'06.

Thanks,
cshah

You have to contact HR Block Premium Service office,and they can file for you.

The answer is not to contact H&R Block (though they may do an excellent job, the intent of this forum is to provide information for free).

That said, you cannot claim your wife as a dependent. You can file jointly with her, which means you need to fill out a W-7 to apply for the ITIN and attach it to the completed Form 1040/1040A/1040EZ. Mail it to your wife for her signature on the 1040/1040A/1040EZ and the W-7. She may also need to provide the required documentation (a cerified photocopy of her passport is best).

Once you get it back, mail it to the Pennsylvania address on the W-7 instructions.

The IRS will issue the ITIN, insert it in the blank SSN area by your wife's name and process the return. They will send you her ITIN and then you can file your state tax return.

Once your joint return is processed, your wife will be considered a resident alien

Hey thanks for your reply man... n yeah I agree if I just wanted to go to HR Block I would not have asked the question here..

Anyway so do I need to process and get the ITIN before filing? Can't I just file it with ITIN application and when she arrives here (in Nov.) get the number and IRS will get it also? The reason I am asking this is I am under the impression that to get the ITIN your spouse need to be present in US, I believe they ask for the 1-94 number and all, isn't that true? So, in other words you can apply for it but not get the number until she arrives, is my understanding correct? Please clarify if possible.

Btw, what is the diff. between filing jointly and claiming her as dependent, sorry for a dumb question :)

Cshah:

For your spouse, you can get an ITIN without them being in country for the exclusive purpose of filing a tax return. Hence, it is possible to file jointly with your spouse without them being in country.

In most cases, you cannot claim any dependents if they are not in the United States.

That is the main difference between the two.

Thanks, from what I have read and what I understand you can not claim your spouse as dependent, basically if you are married and file jointly you can claim 1 exemption for yourself and 1 for your spouse, isn't that true?

That is rue!

Hello AtlantaTaxExpert,

I am in the same scenario as Saminathan. My Email id is [email protected]. Can you please tell me how to proceed ?

My wife is on her H4 visa, please advise the necessary steps I need to take so that I can include her as a dependent when I file my 2006 taxes. Do I need to re-submit some papers at the employer regarding the taxes? Can I apply for her ITIN number now?

I would appreciate if you reply me.

Thanking you
Mayuresh
My Email: [email protected]

You can amend your 2006 return and file jointly with your wife. You will submit the Form W-7 with the amendment to get your wife her ITIN.

Contact me at the email address below for details and fees if you want me to file this amendment for you.