H1b Visa holder, claim tax jointly – Money & Services


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My H1b Visa went effective in Oct 2011, so I’m not able to file tax return as resident (cannot pass Substantial Presence Test). However, my wife was in U.S on a B2 visa for 7months, so she can pass the Substantial Presence Test. Can she file a joint tax return for both of us as resident? My wife has no income or SSN…


Yes, you can file jointly, even if your wife is not in the U.S. She will need to complete and sign Form W-7 AND sign the joint tax return, plus get a photocopy of her passport picture page notarized and apostolle’d in her home.

There is sufficient time, because you must wait until 1 June 2012 to meet the Substantial Presence Test before you can file.

If you want my professional help, you can find my email address in my profile.

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