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Level 15
Level 15

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@mohankaumar , while generally agreeing with my colleagues @MaryK4  & @DaveF1006 , I would like to point out that if the following ARE TRUE:

 

(a) your Spouse has a valid visa ( L-2) and has at least entered USA  at least once  during the 2022 to maintain her dependent visa valid;

(b) has worked abroad and stayed away from the  US shores  330 days  out of  US shores in a continuous 12 month test period encompassing the tax year 2022;

( c) has foreign earnings  in a country with which US has a double taxation  treaty

 

Then the L-2 spouse's tax status is the same as that of the primary  visa holder ( L-1) i.e. if the L-1 is a resident for tax purposes then the dependent visa holder is also a tax resident for US purposes.

If the above is true  and L-2 spouse also has a tax id , then you both can file as married filing jointly.

Furthermore , because  this will expose the  L-2 spouse's foreign income to US taxes , and to the extent  that income foreign sourced and taxed  by a foreign taxing authority, the income and the taxes paid on that income are eligible for foreign earned income exclusion and/or foreign tax credit.

There is no special request to treat the  L-2  holder  as a resident is required .

 

Does this answer your query ?    Note that all this depends on whether L-2 visa is valid  and the L-4 holder has not abandoned  US residency ( even though temporarily resident and working abroad )-- it is the intention as demonstrated  by actions and closer connection.

 

That is my considered opinion based on reading of 26 CFR 7701