pk
Level 15
Level 15

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@krishnan-success21 , Namaste ji

 

(a) When did you enter the USA with H-1B ?  When did you get married  ( in 2024 ? )

(b) Does your wife have an income  in India  ( i.e. is she a wage earner  or self-emp[loyed in India ) ?

(c) Are you her total support ?

 

Generally , under  the Tax Treaty  between US and India,  a  US person ( Indian National ),  and whom provides total support for his/her spouse  in India, can  indeed claim her as a dependent.  However,  MFJ  ( Married Filing Joint ) I am not very sure about -- I need to go back and refresh my memory on the text of the treaty and  its technical  explanations by US side.   So while you answer my question s, I will look at the  docs.

 

Namaste ji

pk