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

Asked almost 2 years ago - 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. Carl Michael Shusterman

    Pro

    Contributor Level 20

    23

    Lawyers agree

    1

    Answered . Not an immigration question.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Alexander Joseph Segal

    Contributor Level 20

    15

    Lawyers agree

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

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  3. Parva Fattahi

    Contributor Level 9

    14

    Lawyers agree

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

  4. F. J. Capriotti III

    Contributor Level 20

    13

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    Answered . 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... more
  5. Todd Matthew Heine

    Contributor Level 13

    9

    Lawyers agree

    Answered . 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... more
  6. Luca Cristiano Maria Melchionna

    Contributor Level 16

    7

    Lawyers agree

    Answered . 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... more

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