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…

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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.

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