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    #1

    filing Taxes in USA

    Client has one W-2 with taxes withheld in ILLINOIS and VIRGINIA.

    Client is married - with one child. Wife and Child leaves in Foreign country
    Client was in USA for 6 months on a H1 visa. Wife does work in foreign country.

    Can he file joint return in USA?

    Or shoud he file as single, MFS etc.

    Thank you for your help
    Tags: None
    #2
    Originally posted by Unregistered
    Client has one W-2 with taxes withheld in ILLINOIS and VIRGINIA.

    Client is married - with one child. Wife and Child leaves in Foreign country
    Client was in USA for 6 months on a H1 visa. Wife does work in foreign country.

    Can he file joint return in USA?

    Or shoud he file as single, MFS etc.

    Thank you for your help
    File Single with 1040NR. Cannot claim wife and child
    Everybody should pay his income tax with a smile. I tried it, but they wanted cash

    Comment

      #3
      He's married - how can he file Single?

      File MFS or MFJ with all worldwide income.

      Comment

        #4
        Originally posted by Unregistered
        He's married - how can he file Single?

        File MFS or MFJ with all worldwide income.
        1040NR does not have the MFS status. He could file Single or MFJ, however his spouse does not have an EIN so he has to file single.
        Everybody should pay his income tax with a smile. I tried it, but they wanted cash

        Comment

          #5
          He can elect to file MFJ with wife and report her world wide income by getting a TIN for the wife. That might be an option if her income is low in U.S. dollars and the benefit of the MFJ status plus personal exemption exceeds her income.

          Comment

            #6
            Thank you all. I will file as 1040NR Single. By the way he was in US for less than 183 DAYS. I think that is also important consideration.

            Comment

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