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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.

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Attorney answers 6


Yes you should, you also should contact an CPA

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

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


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.


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

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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

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