Question:

H4 Tax 2009 Filing for 2008?

by  |  earlier

0 LIKES UnLike

Hello,

I know this is sort of an early question, but here it comes. I have an SSN and am currently on H1 visa (stamped until Sept 2009). But I have a new I-797 form (Valid until Nov 2010)

I am getting married in December 2008, in India, and am planning on getting my wife to US on H4 visa. Some of the questions I have (and trust me I have tried looking up the internet and could not find an answer) are as follows:

1. Does it help me ,when claiming for taxes in '09 for '08 tax year, if my wife arrives in US before Dec 31st 2008 or it does not matter when she arrives to US I still claim married (MFS / MFJ / HoH) - as I was married in '08.?

2. Should I claim "Head of Household" or "Married Filing Single" or "Married filing Jointly"?

3. How do I make sure she gets an ITIN number?

4. Will my wife get her H4 visa issued until my stamped H1 date (Sept 2009) or until my I-797 (Nov 2010)?

I would appreciate if you can answer these questions - without much legal jargon.

Thanks.

Sai

 Tags:

   Report

1 ANSWERS


  1. Get a copy of IRS publication 519.

    When  you file in 2008 your three choices will be:

    1.  A married filing joint return with your wife.  She is a non-resident, but can elect to be treated as a resident and file a joint return.  The return will include any income she had in India.  You will attach a form W-7 (to get the ITIN) for her, mail the entire package to Austin and allow 4 months to process.

    2.  A married filing separate return without your wife.  You file on paper, pencil in NRA in the SSN box, do not claim any benefits for her and can even amend later to MFJ is you decide to (the deadline would be 4/15/2012 to change your mind).

    3.  A married filing separate return claiming her exemption.  You can do this if she has $0 US-source income.  Also needs form W-7.

    You cannot file HOH unless you have a minor child living in your home.

Question Stats

Latest activity: earlier.
This question has 1 answers.

BECOME A GUIDE

Share your knowledge and help people by answering questions.