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.

Stuart Brook

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.
    >
    > Also, do I need to do something regarding my change of marital status
    > for my H1B visa...??
    >
    > Thank you for your help.

see the reply in misc.immigration.usa

Ingo Pakleppa

I'm not a tax expert, but it is my understanding that she is not a US tax
resident, and therefore you have to file as single. You may want to
consult with a tax professional, though.

On Mon, 10 Mar 2003 02:40:26 +0000, 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.
    >
    > Also, do I need to do something regarding my change of marital status
    > for my H1B visa...??
    >
    > Thank you for your help.

Stuart Brook

Ingo Pakleppa wrote:
    >
    > I'm not a tax expert, but it is my understanding that she is not a US tax
    > resident, and therefore you have to file as single. You may want to
    > consult with a tax professional, though.
    >
    > On Mon, 10 Mar 2003 02:40:26 +0000, 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.
    > >
    > > Also, do I need to do something regarding my change of marital status
    > > for my H1B visa...??
    > >
    > > Thank you for your help.

In my long answer, I forgot the heart of the question ... Ingo is
correct, you cannot file as married because she is not even part time
resident at this stage. If she were to become resident during the
coming tax year, you could claim her as resident for the WHOLE year if
that is to your advantage (especially since as a student, she probably
has no income). If she has income during her period in Canada, then you
go for what is better for both of you.

Just make absolutely sure her situation hasn't dragged you into being
considered a Canadian tax resident. Check with a cross border tax
specialist to be sure. (The storefront tax preparers do not count -
time and again they do cross border taxes wrongly)

AAABBB

Thanks Ingo and Stuart again for your valuable advice.

Ahmad Cpa

Non resident aliens don't have the privileges that a citizen or a resident
alien has. The most popular two restrictions are:
1- Can't claim your standard deduction. You have to itemize.
2- If either you or your dependent or spouse isn't a citizen or resident alien,
you can't claim any of them for personal exemptions and whatever status that
would entail such as head of house hold or married filing jointly.
All of this can be found on the instructions of the 1040 NR.
There are exceptions to the general rule such as meeting the substantive
presence test or tax treaties, an example of such would be treaties between the
U.S. and Canada.