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saka0512
New Member

I'm on H1-B married in 2017 my wife joined me in 2019 on H4 visa. She was not in US for whole 2018 year. Can I file a joint tax return in 2019 for 2018 year

Hello.

I am on H1B visa and got married in Nov, 2017 and my wife came to the US for the first time on H4 (dependent visa) in 2019, she was not in the country for 2018.

Now can I file a joint return with her for year 2018? Even though she is not in the country. 

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3 Replies
KarenJ
Intuit Alumni

I'm on H1-B married in 2017 my wife joined me in 2019 on H4 visa. She was not in US for whole 2018 year. Can I file a joint tax return in 2019 for 2018 year

Does she have a social security number or ITIN (Individual Taxpayer Identification Number)?
saka0512
New Member

I'm on H1-B married in 2017 my wife joined me in 2019 on H4 visa. She was not in US for whole 2018 year. Can I file a joint tax return in 2019 for 2018 year

No I will be applying for ITIN and then file taxes as joint (if its allowed)
KarenJ
Intuit Alumni

I'm on H1-B married in 2017 my wife joined me in 2019 on H4 visa. She was not in US for whole 2018 year. Can I file a joint tax return in 2019 for 2018 year

Yes, you can file an election to file married filing jointly for 2018.  You will both need to declare your worldwide income.

If, at the end of your tax year, you are married and one spouse is a U.S. citizen or a resident alien and the other spouse is a nonresident alien, you can choose to treat the nonresident spouse as a U.S. resident. This includes situations in which one spouse is a nonresident alien at the beginning of the tax year, but a resident alien at the end of the year, and the other spouse is a nonresident alien at the end of the year. If you make this choice, you and your spouse are treated for income tax purposes as residents for your entire tax year. Neither you nor your spouse can claim under any tax treaty not to be a U.S. resident. You are both taxed on worldwide income. You must file a joint income tax return for the year you make the choice, but you and your spouse can file joint or separate returns in later years.

How To Make the Choice Attach a statement, signed by both spouses, to your joint return for the first tax year for which the choice applies. It should contain the following information. • A declaration that one spouse was a nonresident alien and the other spouse a U.S. citizen or resident alien on the last day of your tax year, and that you choose to be treated as U.S. residents for the entire tax year. • The name, address, and identification number of each spouse.
You will need to print your return and attach the statement before mailing.

Please see page 9 of

Publication 519

You will both need to sign the statement and the return before mailing.

As your wife does not have an ITIN or SSN, you will need to enter a "dummy" SSN for her in TurboTax.  Enter 999-88-9999.  Then after you print it out, "white out" the dummy number and write "Applying for ITIN; Application attached" next to the SSN field.

If she does not have a SSN or ITIN:  If she eligible for a SSN, she needs to apply for one.  If she is not eligible for an SSN, she will need to apply for an ITIN along with your return.  She does this with Form W-7 - IRS.gov (IRS - W7 Instructions).  You will attach her completed W-7 and documents and attach it to your Printed Form 1040 and mail to the IRS. You need to find an IRS Taxpayer Assistance Center and take your return and her documents to the IRS center as you do not want to mail her passport to the IRS with your return.




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