Legal Question in Immigration Law in California

Hi,

My wife is an H1B visa holder. I am also in the US and I have an H4 visa. Currently my wife's tax filing status is single. I told her she might need to file to file her income tax return under married filing separately or married with dependent.

I want to ask if I need to file a tax return even though I don't have an income here in the US? I do have a social security number but i'm not allowed to work because of my status. Do we need to file jointly or separately? Or leave her filing status as it is?

Does it matter if she doesn't include me as a dependent in her filing?

Will our tax return filing have a bearing on our green card application in the future?

Hope someone could help.

Thanks!


Asked on 2/12/10, 3:27 pm

1 Answer from Attorneys
Andrew Harrell W. Andrew Harrell, Attorney at Law

There are a number of issues here, most of which are not strictly speaking immigration in nature. You can call me for a consulation since we do handle international taxation issues. By the way, what is your nationality since it may bear on the type of tax treaty the U.S. has with this country and your obligation to file in either country.

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Answered on 2/17/10, 3:44 pm


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