Tax Refund and Spouse for H-1B
 

Dear All,

I have an H-1B visa and I got married in Oct 02 and got my wife to the US in Dec 02. I have applied for her Individual Tax Identification Number (ITIN) and am likely to get it within a few weeks.

My question is:

I can file a joint return with her for the year 02, right? She doesn't have to pass the substantial presence (or whatever that's called) test, right?

Thanks for your help.

TechLover

Re: Tax Refund and Spouse for H-1B
 

On Thu, 30 Jan 2003 16:59:08 +0000, TechLover wrote:

    >
    > Dear All,
    >
    > I have an H-1B visa and I got married in Oct 02 and got my wife to the
    > US in Dec 02. I have applied for her Individual Tax Identification
    > Number (ITIN) and am likely to get it within a few weeks.
    >
    > My question is:
    >
    > I can file a joint return with her for the year 02, right? She doesn't
    > have to pass the substantial presence (or whatever that's called)
    > test, right?

I don't think you can file a joint return, but you may be able to claim
her in some other category as special expense. The IRS has a tax guide for
aliens on their Web site that explains more.

You can file joint return she should have ITIN, as she can’t get SSN on H4
I am filling joint returns for last 3 years with my spouse ITIN and my SSN
If you file joint you have to write on IRS form your SSN and spouse ITIN when she gets SSN then both should use SSN in future