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    summersky Posts: 4, Reputation: 1
    New Member

    Mar 13, 2007, 05:59 PM
    Non-resident H4 - filing jointly or married filing separately, and ITIN

    I got married in the middle of last year and moved later in 2006 to the USA (h4 visa, spouse H1 visa). I do not meet the substantial presence test for 2006 (taking into account the previous two years and computing) or the green card test. As I understand, we can only file jointly if I consent to be considered a resident for tax purposes. If I wish to be considered a non-resident, my husband and I will have to file as Married filing separately.

    The first question I have is whether I even need to file a return (if my husband files as Married filing separate) as I have no earnings from the USA.

    My second question pertains to the ITIN number. If I have to file a return in response to the first question, can I apply for an ITIN with a married filing separate status?

    Thanks in advance for any responses!
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert

    Mar 16, 2007, 12:50 PM
    If your husband files as a non-resident alien, YOU have no filing requirement if you have no income.

    SInce you have no filing requirement, you have no need for an ITIN.

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