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What tax documents should a J-2 visa holder who is a resident alien file?

Pasadena, CA |

I was a J-1 (research scholar) from 26 Sept 2010 to 24 Sept 2012. My wife was with me in the US during that time on a J-2 visa. This is first year that I am submitting form 1040 as a resident alien for tax purposes. My income is federal tax exempt under the US-UK tax treaty, so 0.00 was withheld or is due. In previous years my wife submitted form 8843. She has no world wide income for 2012, and does not have a SSN or ITIN. When submitting my 1040 with 'married filing jointly' status, it asks for my spouse's SSN. Should I submit form W-7 for her to apply for an ITIN with my tax return? Given the tax treaty exemption, it makes no difference to the amount owed (which will remain 0.00). But we want o keep everything in order.

Attorney Answers 6


  1. Yes you should, you also should contact an CPA

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


  2. I agree with my colleague ... meet with a tax professional ... this is not an immigration question.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  3. A CAP would be in a better position to answer this question, than an immigration attorney.


  4. Not an immigration question.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


  5. A meeting with a local tax preparer should clear all of this up for you.

    Total Mobility Law is an international law firm that lets companies do global business with the knowledge and confidence they need to comply in any country. Our answers on this site do not constitute legal advice, nor do they establish an attorney-client relationship. The only thing that can do that is a signed Engagement Letter and Fee Agreement, which you can get by contacting us through www.totalmobilitylaw.com.


  6. You have posted an identical question. I encouraged you to consult with a tax attorney and have your wife applying for the ITIN regardless of the international tax treatment. Clarifying your tax status is a positive things and show a positive attitude with the tax system. Best

    This reply is offered for educational purpose only. You should seek the advice of an attorney. The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than an educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the undisclosed individual asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of New York. Responses are based solely on New York Law unless stated otherwise. Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

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