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skmeera
New Member

Can I file as "Married Filing Jointly" if my wife is in India and has an H4 visa but has never traveled to the U.S.?

I am on an H1B visa, working in the U.S., and I’m from India. My wife has an H4 visa but has never traveled to the U.S. and is still in India. Can I file my taxes as "Married Filing Jointly"?

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1 Reply
KrisD15
Employee Tax Expert

Can I file as "Married Filing Jointly" if my wife is in India and has an H4 visa but has never traveled to the U.S.?

That depends.

 

If you file as a resident for tax purposes, (1040) you can both select to file Married Filing Jointly which means you would report the worldwide income of both. 

For this to be true, you would needed to have passed the Substantial Presence Test. 

 

If this is the case, please see this link explaining the steps to file. 

 

If you are not a resident for tax purposes, then you would not file Form 1040, you would file 1040NR.

TurboTax does not support 1040NR. You might want to use Sprintax for that

 

 

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