I'm on H1B visa and my spouse is on H4 visa. We've a daughter who is a US citizen. She's of age 2. For the tax year 2022, my spouse and my daughter were in my spouse's home country for the entirety of the year. My spouse is unemployed. So, for my 2022 year tax can file married filing jointly and claim my daughter as dependent? Or is it file as single w dependent or just file as single?
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In which country are you asking about filing the taxes?– JohnFx ♦Commented Feb 2, 2023 at 0:34
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1Does your H4 spouse have an ITIN?– void_ptrCommented Feb 2, 2023 at 1:04
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H1b visa is a US thing, so I'm assuming you're asking about US taxes– littleadvCommented Feb 2, 2023 at 6:22
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1 Answer
So, for my 2022 year tax can file married filing jointly and claim my daughter as dependent?
Yes. If your wife has no income that would probably be the most beneficial. You'll need your daughter's SSN and apply for ITIN for your spouse.
Or is it file as single w dependent or just file as single?
Absolutely not, you're not single. You can file as married filing separately if your wife is non-resident and wants to exclude foreign income, otherwise it would probably not be wise.
answered Feb 2, 2023 at 6:21
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Even if the spouse had foreign income, they would probably be able to exclude it with the Foreign Earned Income Exclusion, so the only thing they would save with MFS is paperwork. Commented Feb 2, 2023 at 18:55
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@user102008 yes, but that's only for earned income, not rents/cap gains/dividends/etc. As to paperwork... I doubt that either - it would be a single return either way, but MFS requires a bit more tedious attention to details, especially in community property states where the H1b holder is likely to reside. Commented Feb 2, 2023 at 19:00