i got married in Nov06, my spouse is in India, Can i claim her as my dependent on my tax return.I have h1 visa

Question

my employer withhold my taxes,as a single status. Now i m married

Answer 1

You can never claim a spouse as a dependent. Under some circumstances, you can file a joint return. Does your spouse have a social security number or an ITIN? If not, you can't file jointly. Depending on her citizenship or immigration status, you might not be able to in any case. That would leave you with married filing separately as your only option.

Answer 2

it particularly is going to count on what state you reside in. In maximum states you may connect form 8379 to guard your proportion of any refund. although in community sources states, a million/2 of any refund will quickly be utilized to the debt, regardless of who earned the income or had the tax withheld. added, in 3 CP states -- CA, identity and l. a. -- costs that predate the marriage grow to affix the marital sources and the two one in all you would be accountable for fee of those preexisting costs. In such situations, any refund would be captured in finished in spite of in case you filed a form 8379 or no longer and in spite of in case you filed at an identical time or one by one. As an aside, in case you marry there's a honest risk that your EIC will drop or additionally be eradicated completely. this could have important tax effect inspite of out his tax debt. on an identical time as the tax effect is in no way a solid reason to marry or no longer marry, it particularly is something which you need to evaluate in strengthen in the previous you're taking that step. it must be on your terrific interest to postpone the marriage for a on an identical time as yet you need to evaluate the whole tax effect in the previous dashing in blindly.