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Can I claim my spouse in 2009 if we got married in November 2009 but did not live together until march 2010. She cannot claim me because she is not a legal citizen yet.


ANSWER


The BIDaWIZ Team's Answer:

See IRC 6013(g) & (h). If she is a nonresident alien, you can still file a

joint return; provided, that you include an election that you agree to include

her worldwide income on the elected return.

The BIDaWIZ Team

 

 

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