H-1 and H-4 Visa Holders and Filing Status

H-1 and H-4 Visa Holders and Filing Status

Question: I am in the US on a H-1 Working visa. I’m married and my wife who lives in India was allowed in the US on a H-4 Visa, H-4 is a dependent visa, which prevents her from being able to get a SSN. Will I be able to file MFJ with her?

Answer: Yes, you can. According to Pub 17Taxpayer identification numbers for aliens. If your dependent is a resident or non-resident alien who does not have and is not eligible to get an SSN, your dependent must apply for an individual taxpayer identification number (ITIN).

To apply for an ITIN, use Form W-7, Application for IRS Individual Taxpayer Identification Number.

References/Related Topics

Claiming a Non-Citizen Spouse and Children on Your Taxes

IRS deductions for Canadian/Mexican dependents

Should I claim my spouse as a dependent on my taxes?

Need ITIN for wife even though “Married, filing separately”?

Can I Claim Head of Household If Married?

ITIN Number – Tax ID Number Documentation Requirements

What is an ITIN – and who needs one?

Benefits of an ITIN?

***Disclaimer: I am a tax accountant and a CPA licensed in Massachusetts , but I am not your accountant or advocate (Unless you have signed up to my services). This communication is not intended as tax advice, and no tax accountant -client relationship results**

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