quark4
03-30-2004, 05:00 PM
My wife has an H4 visa and no SSN. Also, she dosn't have an
ITIN as yet. She and I are filing our tax return jointly. I have an
H1 and have been present in US for the entire 2003 (365 days).
So has she.
Question 1: Is my wife a "resident alien" or "nonresident alien"?
In either case, why?
Question 2: Am I a "resident alien" (based on substantial presence test)?
Question 3: What "reason" must she choose to file form W7?
We can't decide between the following:
(c) "US resident alien (based on days present in the United States)
filing a US tax return and not eligible for an SSN."
(e) "Spouse of US citizen/resident alien."
(f) "Dependent/spouse of a nonresident alien visa holder."
Please help.
ITIN as yet. She and I are filing our tax return jointly. I have an
H1 and have been present in US for the entire 2003 (365 days).
So has she.
Question 1: Is my wife a "resident alien" or "nonresident alien"?
In either case, why?
Question 2: Am I a "resident alien" (based on substantial presence test)?
Question 3: What "reason" must she choose to file form W7?
We can't decide between the following:
(c) "US resident alien (based on days present in the United States)
filing a US tax return and not eligible for an SSN."
(e) "Spouse of US citizen/resident alien."
(f) "Dependent/spouse of a nonresident alien visa holder."
Please help.