Filing jointly after marriage in December

[bombay_sapphire]

Hello

I have a few queries for tax return 2018.

situation: I am on H1-B work visa. I got married in December 2018 in India, and my spouse came to the USA in January 2019 on H4 dependent visa. And she's not eligible to work in the USA. I have lived more than 11 months in the in 2018 in the USA on the same visa.

1. Can we file taxes jointly?

2. If yes to 1. then does my wife need to file taxes in India separately or just include those number in our joint return here?

3. Do we need to send the original documents along in the ITIN application attached with the federal return? How do we take care of the state return in that case? Since ITIN won't be available while filing state returns, can I file state taxes without ITIN? How to specify that we've filed for ITIN.

Thanks.

[ankitvora7]

Hi Devang, were you able to find out what's the right course of action for your case ? I'm in the same boat! One of the attorney's I spoke to said I need to file as 'Married filing separately' since she was not even in the US in 2018.

[bombay_sapphire]

Ankit

Every CPA I talked to suggested me to file jointly. Because of my visa status and STP, I am a resident alien for the tax purposes. And according to page 15 of 1040 form instructions, I can elect my spouse to be treated as resident as we're married on the last day of 2018.

The situation might be different in your case if you were not married as of 31st Dec 2018, or you are not a resident alien (look up how to determine if you're a resident alien for tax purposes).

Let me know if you have any other question.

EDIT: your status can be different for state filing and federal filing, depending which state you're in/lived in.

[ankitvora7]

My situation is pretty much the same as yours since I was married in November 2018 and my wife came in February 2019. Even I was on H visa for the entire year (so I am a resident alien).