Married status eligibility for filing Tax – Money & Services

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Hi,

I got married on 22nd January, 2006 and my wife came to usa first time on 29th November 2006. I have couple of question for you regarding tax filing status?

1. Can I file as “married filing jointly”, as she arrived here on 29th Nov.

2. How can I get her Tax ID number as she is here on H4 and she can not get social security number?

3. Is there any time line, she needs to be in US to become resident?

4. Can I put her Airline ticket and H4 visa expenses as moving expesnes in my return as my company did not pay for her expenses?

Thanks for your help,
PVS

Answer

PVS:

1) Yes, you CAN file jointly if both you and her choose to be treated as residnet aliens. You need to attach a statement to your tax return explicitly making that choice.

2) You will have to complete Form W-7, get a photocopy of her passport notarized as a true copy, then attach both the W-7 and the photocopy to the completed Form 1040 (leaving her SSN area blank). Mail the entire packet to the address in the W-7 instructions.

3) She has to be in the U.S. for 183 days since her arrival and at least 31 consecutive days in 2006 to file jointly with you. She will meets these requirements on the 150th that of 2007, which is 30 May 07. You should file on 31 May 2007.

4) You CAN claim the airfline ticket as a moving expense on Form 3903, but NOT her visa expenses.

If you need my professional services, please contact me at david.kempe@visataxes.com.

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