AAABBB

I work in US on H1B visa and recently got married to a Canadian citizen. However, she is living in Canada completing her masters and visits me frequently.

I am wondering if I should file my Tax in Single or Married status.

Also, do I need to do something regarding my change of marital status for my H1B visa...??

Thank you for your help.

Mrtravel

AAABBB wrote:
    >
    > I work in US on H1B visa and recently got married to a Canadian citizen.
    > However, she is living in Canada completing her masters and visits me
    > frequently.
    >
    > I am wondering if I should file my Tax in Single or Married status.

You can't file single if you are married.
Your options are whether married filing separately or married filing
jointly, but since you are not a citizen or permanent resident, I don't
think you get the choice of considering her a resident for the purposes
of filing a joint return. This really isn't the best place for tax
advice for H1B and their spouse residing abroad.

Andy Platt

Publication P519 (http://www.irs.gov/pub/irs-pdf/p519.pdf) states that the
non-resident spouse of a US citizen or resident alien may be treated as a
resident alien for tax purposes and the definition of "resident alien" by
the IRS would include an H-1Ber (except, sometimes, in the first or last
years of H-1B status). Therefore he could file jointly so long as he gets
his wife an ITIN.

Andy.

--
I'm not really here - it's just your warped imagination.
"mrtravel" wrote in message
news:[email protected]...
    > AAABBB wrote:
    > >
    > > I work in US on H1B visa and recently got married to a Canadian citizen.
    > > However, she is living in Canada completing her masters and visits me
    > > frequently.
    > >
    > > I am wondering if I should file my Tax in Single or Married status.
    > You can't file single if you are married.
    > Your options are whether married filing separately or married filing
    > jointly, but since you are not a citizen or permanent resident, I don't
    > think you get the choice of considering her a resident for the purposes
    > of filing a joint return. This really isn't the best place for tax
    > advice for H1B and their spouse residing abroad.

AAABBB

Thanks Mrtravel and Andy Platt for your valuable advice.